Author Topic: Wanna see how easy it is to give have your rights violated? 4th Amend.  (Read 9085 times)

twyacht

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but they are driving the wedge deeper and deeper every time they do this and we let it go by.  Unfortunately, like I was trying to point out, the media will focus more on what she finds than the real issue ... Constitutional protection of Rights.

Totally agree, unfortunately.... Just like Scooter Libby, it's not the act of doing anything wrong, it's the inquiry or the investigation that has to have a crime.

It's a liberal/bureaucratic mindset, and one exploited by our gov't, at all levels.

The Amendments can be "modified" at the whim of a gov't official, judge, President, county, city, etc,... Consequences mean little when suing the gov't, we're the "little" people, hoe dare we quote statute, and Constitutional Law.

The little chick in the vid, empowered by the useless LEO, just did what she wanted,.on PRIVATE PROPERTY.

It is a slippery slope, gaining speed downward.

I think in the near future, some may not be so restrained by such a flagrant smack in the face of our rights.


Thomas Jefferson: The strongest reason for the people to keep and bear arms is, as a last resort, to protect themselves against the tyranny of government. That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants."
Col. Jeff Cooper.

callithump

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If I told you all the trouble my neighbor has caused me you wouldn't believe me. One of their things is calling me in on "wetland violations". The County comes out and lets themselves on my property to check things out. All my acreage is not fenced so they can walk right on. I don't like it and would rather tell them to ask permission first but I'm told they have the right. Each time the violations have been found without merit so I play along as a good guy hoping to not skewer attitudes. Even at this level it doesn't seem right.

TAB

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old news,   the guy was installing a septic system illegaly.  people complained.  the health dpeartment came out.   he was given several warnings and a S and D order.  Its been a few years, but  the back story on this is very long, he actually got off easy with just a fine.  They did go thru the legal processes, The officer was there to enforce those court orders and insure her safety. 




 BTW they do have the right to search.   its come up in court many, many times every time its come out that public helath and safety wins.

I always break all the clay pigeons,  some times its even with lead.

Pathfinder

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There used to be a legal principle (and no, I'm not a lawyer, nor have I played one on TV) called "fruit of the poisoned tree". Basically, in this situation, without the warrant, anything and everything she discovered would be inadmissible in court, and could not be used for any action against him. One of the "little" protections we used to enjoy from unreasonable gummint intrusion.

And Tab, if Barney Fife was actually enforcing a warrant or court order, he would have been by her side every step of the way, not leaning up against the car a hundred yards away. I doubt seriously there was a court order involved, no paperwork was ever shown.

It would be wise for everyone to remember that the gummint does not have ANY rights, only powers.
"I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do this to others and I require the same from them"

J.B. Books

TAB

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and there still is. 


This is not one of those cases. 

Like it or not, health inspectors, building inspectors don't need a warrent to enter your property.  They can brake in with out paying for the damage.  Trust me, any time you replace a spectic system, every one on your street knows about it.   its the same thing as a cop pulling you over and smelling pot.  They no longer need a warrent to search your car.  This guy had already been flaged and notifed, having dealt with this in 4 states, its always the same.  You get a stop work order( s and d), They then fine you.  After that you get condemnation.   This guy had already made it to the condemnation, the inspector had already tried to inspect it before.  the guy refused, she came back with a cop. That is how it works. I'd bet 99% of the LEOs out there have never had any exp with this type of thing.

I always break all the clay pigeons,  some times its even with lead.

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MikeBjerum

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TAB,

Thank you for proving my point!  The fact that the Constitution has been thrown out the window in this situtaion is lost in the septic system.  In this discussion you represent the general public that is justifying and defending the unConstitutional action.
If I appear taller than other men it is because I am standing on the shoulders of others.

TAB

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TAB,

Thank you for proving my point!  The fact that the Constitution has been thrown out the window in this situtaion is lost in the septic system.  In this discussion you represent the general public that is justifying and defending the unConstitutional action.


you missed mine.  If a cop pull syou over and you smell of pot does the officer need a warrent to search your car? 

its the same thing here, she saw the piles of dirt from the street and I'm sure she smelled it. There were also reports from people close by telling exactly what he was doing.

if you work in the trades for any length of time, you will be able to spot work being done a mile away. 
I always break all the clay pigeons,  some times its even with lead.

TAB

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One more thing... a septic system installed incorrectly is a hazard to the local water table.  Which could make every one using that water table for water sick or worse.  They are clearly on wells in that area... you really want to be drinking the guy across the streets shit? 

I always break all the clay pigeons,  some times its even with lead.

tfr270

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Sorry TAB, have to disagree...
Read my post earlier. I'm a fire department inspector. I worked a task force with building dept, city attorney, police, etc in our slum areas. If we were denied entry, barring exigent circumstances, we had to get the admin warrant or court order to enter. Then we came back with a lock smith if we needed one to gain entry. We could get our probable cuase if the violations were visable from the public way or if we had a hx of complaints; pretty easy in these neighborhoods. Most of the times we talked our way in and used education and persuasion to get the property owner to give us permission, or gave notice by mail or phone call and gained permission and made an appointment to met at the property. Some times though we ran into the staunch NO answer and then we had to go the route I described. Heck...it took us ten years in one case to get the PC and the city attorney with the balls to proceed on one owner. Then again...I do live and work in California...
Not saying this guy didn't have violations. He looked like he maybe did...but the health inspector needed the admin warrant or court order to enter here, and she needed Diplomacy 101 to boot. There are ways to deal with guys like the property owner in the video and she failed every test. Having come the day before she could have taken her PC and easily gotten the warrant by the next day or so. Then the guy would have shut up and let her on without all the drama. She was being lazy and power tripping. 

Timothy

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While this video is disturbing on several levels, it hits me more that as we age as a society and get further and further away from the ideals that formed this country, people will begin to believe that what this woman did was justified.

I can assure you that of the 75 or 80 people I deal with on a daily and weekly basis, less than 10% of them know what the 4th Ammendment means or what right it guarantees, including those folks closet to me.  It's a case of "just becasue you can, doesn't mean you should", regardless of the reason for him digging a hole in his yard, she had no right to enter his property.  Period!

 

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