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Your Constitutional Rights at work

WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
edited May 2007 in Gun Rights and Constitutional Law
http://www.break.com/index/sheriff-allows-illegal-trespass2b.html
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    Wagon WheelWagon Wheel Member Posts: 633 ✭✭✭✭
    edited November -1
    If you have any friends or relatives on Active duty, Reserves or the National Guard they may be interested in this.

    Appeal For Courage:
    http://www.appealforcourage.org/
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    gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    A person illegally trespassing into my home is dead meat!!!

    Death Zone!!

    No prisoners taken!!!
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    nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    Guilty Until Proven Innocent. He was probably fined for digging without a permit or some other crap like that. He should have dug a grave for that lady !
    Abort Cuomo
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    WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Apparently the health inspector, "Julie Wolfe", is now posting in the comments section of the link above. This could get interesting...
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    pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    He tried to sell the property on eBay.
    No bids.

    Click here to see the listing
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    Broomie2Broomie2 Member Posts: 325 ✭✭✭
    edited November -1
    I have rights?
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    dan55362dan55362 Member Posts: 709 ✭✭✭✭
    edited November -1
    I wonder what the cop would have done if he just grabbed that gripe by the arm and showed her the property line one last time.
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    HandLoadHandLoad Member Posts: 15,998 ✭
    edited November -1
    It is likely that he has hauled in the trailer, and not hooked it to any sort of Septic System - if the outflow is on the surface/not drained, or is running into a neighbor's field, creek or aquifer without treatment, then it is a public health problem. Public Health Officials can "trespass" and/or quarantine you WITHOUT YOUR PERMISSION, if they have reason to believe that Public Health is at risk. Naturally, if the allegations require proof that a crime or health hazard exists, they have the authority to enter on their own.

    If you get Ebola from eating your Monkey, or you get the plague disease from a flea bite, or rabies from a bat, you can be quarantined also without your permission - it is "For the Greater Good". Same for Eminent Domain, though that is under Heavy attack due to some shenanigans under Souter. If the Gov't can take your property without your permission, it can enter your property without your permission, under the right circumstances. Same when they were searching for pieces of the Challenger, or if they have reason to believe you have radioactive material on your property. They may actually KNOW you have some fissile material, but they don't even have to reveal that they know, or how they know.

    All the above IIRC, IMHO, etc. Law school was thirty years ago...
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    WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    HandLoad, I have no doubt that this is the position espoused by most judges and has likely been taught in law schools for decades. Yet the whole premise would be abhorrent to the Founding Fathers.

    If the health inspector felt there was a health risk on this property then she should have gone to a judge and pled her case for a warrant.

    I understand that there are a few circumstances when law enforcement may need to enter a premises without a warrant because time is of the essence, such as in a child abduction case. But I believe that these LEO's must have a full understanding of the weight of these actions, and if their judgment proves to be wrong or they abuse this power then the full weight of the law should be brought down upon them.

    In this situation, it is my opinion that the health inspector and deputy both acted inappropriately and certainly in violation of this man's rights as enumerated in the 5th Amendment.
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