4th Amendment and Indiana: Private property

[Bfish]

I did a search for the 4th amendment and I am not sure where to put this video...

It is very pretty old as it was posted on YouTube back in 2007. For all we know this guy is an INGO member but I feel like we would know about it if that were the case... Anyhow I want to know what you INGO has to say about this as I know some of the things here have changed over the time since the video etc. But I am curious as to how most people would react to this. I understand that only so much can be done and the guy may seem to be acting ridiculous but he also had a run in with the woman previously and she has returned with a sheriff.

Anyhow being that this took place in Indiana I just wonder what people on INGO think of it. I don't know as much as I should about this kind of stuff. I have no idea of the outcome of the situation.

[video=youtube;QTQAJgxMIuM]https://www.youtube.com/watch?v=QTQAJgxMIuM[/video]

 

[Stang51d]

I don't know the outcome, but would like to. I agree with the guy, and I have to say, that I wouldn't have been as nice as him.

 

[threedhuntr]

does anyone have any info on the story? Very curious.

 

[Woobie]

I suppose one could search court records from late 2007 for a LaPorte county deputy named Cooper. Home owner said he would sue. I'd like to know the story. Is a citizen legally allowed to use force to keep someone off his property when he is not in fear of severe imminent bodily harm? Seems like a bad idea, but this video raises the question

 

[rob63]

This is purely a guess, but since you could not find anything further I would bet that the woman did not find whatever it was she thought she would find. Thus, nothing was done to the homeowner. If the homeowner did talk to a lawyer, then he was probably told that it wasn't worth his time and money to pursue legal action since he did not suffer any damages as a result of the trespass.

 

[Kirk Freeman]

So, why was she there? Sewage? Water?

What's the beef, chief?

Poor guy is awful agitated. Should have just explained why she was there. Maybe she did the day before?

 

[SkinNFluff]

http://freedom4um.com/cgi-bin/readart.cgi?ArtNum=32963&Disp=14&Trace=on

Here is the link to the "original" video.

https://www.youtube.com/watch?v=vVACCaVxYEk

 

[rob63]

4um: When They Won't Listen To Law and Reason Kill Them Dead

Here is the link to the "original" video.

https://www.youtube.com/watch?v=vVACCaVxYEk

If I understand correctly after reading everything, it appears that the homeowner failed to hook up his septic system correctly. The property was condemned and he was ordered off the property. The various comments indicate that the health inspector does not actually need permission to look at his land, but would only need permission to enter the house. I have no idea if that is correct or not?

 

[SkinNFluff]

IC 16-20-1-23
Inspection of private property; property in which officer has interest
Sec. 23. (a) Except as provided in subsection (b), the local health officer or the officer's designee may enter upon and inspect private property, at proper times after due notice, in regard to the possible presence, source, and cause of disease. The local health officer or designee may order what is reasonable and necessary for prevention and suppression of disease and in all reasonable and necessary ways protect the public health.
(b) However, a local health officer, or a person acting under the local health officer, shall not inspect property in which the local health officer has any interest, whether real, equitable, or otherwise. Any such inspection or any attempt to make such inspection is grounds for removal as provided for in this article.
(c) This section does not prevent inspection of premises in which a local health officer has an interest if the premises cannot otherwise be inspected. If the premises cannot otherwise be inspected, the county health officer shall inspect the premises personally.

A few photos of the property. Susan Litchfield's (3rdpartyREP) Library | Photobucket

Short summary of the story...

*Land owner (Ray Kirkus) was building an illegal septic or sewer system in his backyard that was allegedly polluting neighborhood wells.

*Local health department official (Julie Wolfe) had been by the day before to try to document the concern, but Ray chased her off.

*Julie returns the next day with the a local Sheriff (Deputy Cooper) to assist.

*Ray did indeed sue the Health Department et al., however his case was thrown out and he was ordered to vacate his property as a health hazard.

*Ray sells this property on eBay, and moves to Michigan.

 

[Woobie]

4um: When They Won't Listen To Law and Reason Kill Them Dead

Here is the link to the "original" video.

https://www.youtube.com/watch?v=vVACCaVxYEk

I don't think he did himself any favors by posting "kill them" and "activate the militia and arrest them" on the interwebz. For the life of me, I can't figure out what the state's compelling interest in this is.

Edit: if it can be proved he is polluting someone's well, then fine. There needs to be due process, though.

 

[singlestacksig]

If I understand correctly after reading everything, it appears that the homeowner failed to hook up his septic system correctly. The property was condemned and he was ordered off the property. The various comments indicate that the health inspector does not actually need permission to look at his land, but would only need permission to enter the house. I have no idea if that is correct or not?

Don't know about a health department person, but a Game warden ( CO) can go one your land with out a warrant.

 

[HoughMade]

If his property was condemned, I'm guessing there was due process, but that would be after an investigation, for which a warrant is not always required.

A little​ knowledge is, well, an annoying thing.

 

[Woobie]

If his property was condemned, I'm guessing there was due process, but that would be after an investigation, for which a warrant is not always required.

A little​ knowledge is, well, all we need to pass judgement on INGO.

FIFY

 

[Bfish]

SkinNFluff... Good deal man, thanks for the post there! repp'd

 

[JeremiahJohnson]

Years ago near Bloomfield I had a septic system start to leak out one of the fingers because it was improperly installed years earlier by the previous owner. I wasn't sure what to do about it and had talked to a septic guy about fixing it, but before I could get it done a letter from the health department showed up in my mailbox giving me 30 days to fix it or legal action would ensue.

I'm guessing Ol' Ray was given plenty of notice and chances to fix his issue but refused. Perhaps he couldn't afford it...perhaps he didn't like being told what to do. In my case the runoff would eventually end up in the drain on someone else's property so I did need to fix it and did indeed fix it. I was surprised the health department was on it so quickly.

 

[BehindBlueI's]

Don't know about a health department person, but a Game warden ( CO) can go one your land with out a warrant.

Open fields doctrine. Open land is not a person, house, paper, or effect. Game wardens don't get any special privilege.

 

[cobber]

If he had a gas pipeline explode under his property he probably would have been badgering the firefighters and gas co. employees about not having a warrant.

View attachment 37120

 

[HoughMade]

Open fields doctrine. Open land is not a person, house, paper, or effect. Game wardens don't get any special privilege.

Can't go in the "curtilage", the area immediately around the house, generally, without a warrant (of course, there are exceptions). Of course, what exactly the curtilage is has been litigated time and time again.

...perhaps he didn't like being told what to do...

Ya think?

Personally, I'm glad that there are some colorful personalities around. Makes life interesting...as long as their poo stays out of my well.

 

[rob63]

Personally, I'm glad that there are some colorful personalities around. Makes life interesting...as long as their poo stays out of my well.

That made my day!

 

[JettaKnight]

Kudos to the deputy and woman. Without them walking in, this poor man would be stuck in his basement with nothing to complain about, but now he can be famous and have a great story! I'm sure the guys at the bar just love listening to him.

I can't believe how flummoxed he got.