Results 1 to 10 of 19

Threaded View

  1. #14
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Trespass by a Health Inspector

    Quote Quoting jk
    View Post
    ok DL, I can see most of your post but what right would the officer have to prevent the property owner from leaving?

    and I definately agree about the sheriff.

    I still have a hard time believing or accepting the health inspector had any legal rights to trespass to inspect the property unless there was just cause. I can tell you this, that if an inspector did come on my property without permission or warrant, I would be here looking for aid to get my ass out of jail. I would not allow it until i could no longer resist it.

    It is my property and you better have a good and articulatable justification to enter my property. She failed to justify her inspection. I will not accept anybody wandering willy nilly about my property without that justification.

    and no, I am not a closet anarchist, merely a person that believes in the rights of the citizens of this country.

    btw; I was cruising around trying to find out anything about this. I found a site that reported the property was condemned and the guy was trying to sell it for $22k (I believe the acceptable currency was gold I didn't bother to read to much in depth)
    Of course we all have the right to privacy and to receive notice of inspection as a result of a complaint. Public health is civil not criminal and their actions are in the interest of the public to prevent disease, harm, etc. Not to punish prior acts. The officer wasn't there to arrest the guy, he was there to protect the inspector.

    It was a joke guy with the camera was going to leave.

    The officer did appear to be blocking the driveway as if the guy was going to "escape". The video I saw had him operating that camera and no way was he going anywhere. She was not there to press charges against the guy. Public health doesn't work like that.

    http://www2a.cdc.gov/phlp/publaw.asp
    Click on "Federal: Public Health Service Act"
    Scroll down to III General Power and duties of public health service.

    I agree with you that you wouldn't want someone arriving on your property to snoop. But tell me what you would do if-
    you live in a rural area and your land is part of a development that borders on a farm with livestock. There is a flood and animals have died on the farm. You don't know what happened to them but about three months later there are small pools of water the kids wade in and they get sick. Blood vessels on the backs of their legs are streaked all the way to the knees. Fevers.

    Who ya gonna call? No. Not ghostbusters.

    The public health department isn't going to arrive on the neighbor's property unannounced. They are there to protect the public from disease and good cause is the case of e coli infections the kids recently acquired. They try to find the source and clean it up.

    My experience with them is they say exactly that. There has been an outbreak of ... and several children have gotten ... We are attempting to find the source in the area. And they ask permission to look around on your property.

    Check out the CDC website. You'll see that they take no legal action against anyone. It is frustrating to alot of people who want someone sanctioned by the CDC.

    1. Sponsored Links
       

Similar Threads

  1. Unethical Realtor and Inspector
    By amccoy in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 10-22-2010, 07:32 AM
  2. Trespassing: Can You Charge a Township Inspector with Trespassing
    By RexRudd in forum Criminal Charges
    Replies: 1
    Last Post: 06-09-2008, 09:03 AM
  3. Building Inspector Misconduct
    By Evga in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 06-08-2008, 02:27 PM
  4. Home Inspector Missed Something Huge
    By iggie82 in forum Construction, Repair and Renovation
    Replies: 1
    Last Post: 06-03-2008, 05:25 AM
  5. Home Inspector Did Not Do His Job
    By lisa0801 in forum Construction, Repair and Renovation
    Replies: 1
    Last Post: 05-26-2008, 07:27 AM
 
 
Sponsored Links

Legal Help, Information and Resources