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Trespass by a Health Inspector

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  • 05-06-2007, 08:30 PM
    zedex
    Trespass by a Health Inspector
    This video has become topic of debate in another forum of which I am a member.

    Is the lady within her rights? Did the cop not with hold the law by permitting her on the property or by allowing her to enter without consent, did he allow her to violate his rights?

    I don't know much about the video, nor do I know the outcome. It is about 9 min long. Please veiw and share your thoughts based soley from what you see, not presume. Thats what our debate is-- only what is seen.

    Who is in the righjt and is there basis for suit?

    http://www.break.com/index/sheriff-a...respass2b.html
  • 05-06-2007, 08:43 PM
    Baystategirl
    Re: who is in the right?
    Quote:

    Quoting zedex
    View Post
    This video has become topic of debate in another forum of which I am a member.

    Is the lady within her rights? Did the cop not with hold the law by permitting her on the property or by allowing her to enter without consent, did he allow her to violate his rights?

    I don't know much about the video, nor do I know the outcome. It is about 9 min long. Please veiw and share your thoughts based soley from what you see, not presume. Thats what our debate is-- only what is seen.

    Who is in the righjt and is there basis for suit?

    http://www.break.com/index/sheriff-a...respass2b.html

    I saw this at Freeadvice....A Health Inspector has the right to enter property if there is a concern of a health or safety issue...She did nothing wrong, and the Sheriff did nothing wrong.
  • 05-06-2007, 09:40 PM
    zedex
    Re: who is in the right?
    So Health Inspectors are not required to have search warrants?

    My view-and it may be wrong- is that she could not specify anything other than "there may be a violation". Is that reason enough for her unwarranted entry against property owners' wishes? I don't think so. She should have to show probable cause to a judge to obtain a warrant BEFORE entry.
    As for the cop, he witnessed a crime: her unwarranted entry. Yet, he does nothing. The cop said "if you have nothing to hide, let her look". I don't think it is a matter of having something to hide as the property owner said if she had a warrant, it is ok.
    Where does the right to not be subjected to unfair or unwarranted searches actually come into play? Do property owners really have rights?

    The lady was told the day before to get a warrant. She didn't. Instead, it became a scare tactic by bringing a cop, who can be heard explaining to the lady about trespassing and warrants. She proceded anyway. And the cop does nothing. Part of the debate is whether or not the cop becomes an accessory{sp?} to the crime by failing to stop her.

    I have to admit, the camera man is abit arrogant, of which I do not approve, but I thought he still had some kind of right to privacy on his own property.
  • 05-07-2007, 07:35 AM
    BlueCrystal
    Re: who is in the right?
    I am in agreement with the property owner. I would not like anyone to come on my property or inspect what I am doing. They should have to get a warrant. I have nothing to hide in my home or on my lands but I believe this trespass is unlawful and the deputy and woman should both be arrested.
  • 05-07-2007, 11:48 AM
    zedex
    Re: who is in the right?
    Quote:

    Quoting BlueCrystal
    View Post
    I am in agreement with the property owner. I would not like anyone to come on my property or inspect what I am doing. They should have to get a warrant. I have nothing to hide in my home or on my lands but I believe this trespass is unlawful and the deputy and woman should both be arrested.

    Agreed, but is there a violation committed??
  • 05-07-2007, 08:40 PM
    aaron
    Re: who is in the right?
    What exactly was he doing that triggered the inspection?
  • 05-07-2007, 10:24 PM
    deadlock
    Re: who is in the right?
    Quote:

    Quoting aaron
    View Post
    What exactly was he doing that triggered the inspection?

    If it is the LiveLeak video, it's too difficult to hear the Health Inspector. The property owner never shuts up long enough to hear her answer his questions.

    It sounds like he was digging (he says just moving dirt around) and she is following up on a complaint to Health Inspector. Who knows what he is doing? maybe covering up dead bodies, animals, chemicals. She tried to inspect the property the day before this episode and had to return the following day with the Sheriff.
  • 05-07-2007, 10:30 PM
    deadlock
    Re: who is in the right?
    Quote:

    Quoting zedex
    View Post
    So Health Inspectors are not required to have search warrants?

    My view-and it may be wrong- is that she could not specify anything other than "there may be a violation". Is that reason enough for her unwarranted entry against property owners' wishes? I don't think so. She should have to show probable cause to a judge to obtain a warrant BEFORE entry.
    As for the cop, he witnessed a crime: her unwarranted entry. Yet, he does nothing. The cop said "if you have nothing to hide, let her look". I don't think it is a matter of having something to hide as the property owner said if she had a warrant, it is ok.
    Where does the right to not be subjected to unfair or unwarranted searches actually come into play? Do property owners really have rights?

    The lady was told the day before to get a warrant. She didn't. Instead, it became a scare tactic by bringing a cop, who can be heard explaining to the lady about trespassing and warrants. She proceded anyway. And the cop does nothing. Part of the debate is whether or not the cop becomes an accessory{sp?} to the crime by failing to stop her.

    I have to admit, the camera man is abit arrogant, of which I do not approve, but I thought he still had some kind of right to privacy on his own property.

    Z- A public health inspector doesn't need a warrant. They do need to give warning of intent to inspect. They don't need to tell you that your neighbors to the East complained of smelling dead bodies. They do need to tell you there has been a complaint made. Usually they attempt to call and give warning of a visit.

    Arrogant. That's what you call it? He sounds ignorant. BTW- isn't LiveLeak supposed to be funny or ridiculous videos? I didn't think it was supposed to be a news release.
  • 05-08-2007, 08:19 AM
    aaron
    Re: who is in the right?
    If he was digging around in a septic field, I can see why a health inspection might be necessary.
  • 05-08-2007, 06:23 PM
    Poltracker
    Re: Trespass by a Health Inspector
    If I could count the times I've heard someone say that to me....
    A health inspector generally enforces civil laws not criminal laws and therefore does not need a warrant to enter property, a complaint, or the mere fact that a person has a permitted (or permit requiring) facility (i.e. a septic tank) is reasonable cause. Having been there and done that, the health inspector brought the Sherrif not to inimidate but for protection of her person due to the gentleman having been his charming self the previous day. Don't know about her state but if I saw the condition of that fellow's property in the video, I would investigate too. Most states have "right to enter" clauses somewhere in the health and/or environmental codes.
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