Wanna see how easy it is to give have your rights violated? 4th Amend.

[twyacht]

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

Driving is a privilege NOT a right, on PUBLIC Roads, you give up certain rights while driving. My FL drivers license states at the bottom:

"Operation of a motor vehicle constitutes consent to any sobriety test required by law."

Can I refuse? Sure, will there be consequences YES.

Wrong argument TAB.

All this guy was asking for was the DOCUMENTED AUTHORITY for them to come on his PRIVATE PROPERTY, court order, injunction, warrant, s + d, whatever. Whether he was right or wrong, SHOW ME SOMETHING THAT SAYS YOU CAN COME ON MY PROPERTY! Which she didn't.

If the little "chick", was smart she would have had something. Not just a COP who stood in the driveway.


He should have had a fence with attack dogs on crack, than she would have had a warrant.

[Timothy]

Was it just my observation, or did that Sheriff need a larger shirt or just less sheriff stuffed into it?

Why do people not see that they've outgrown their Spiderman jammies and need to go the next shop over that says "Big & Tall & Probably Overweight!" above the door!



 

[tfr270]

Donut boy would have probably shot the dogs.
What is it with these LEO's that let themselves get out of shape? Don't they realize that the bad guys train in jails and prisons to be rock hard bad asses. And when they get out, that fattie is gonna get his ass kicked if he gets in a fight with one of them.
My PD has over 150 officers. Each one is a rock. They have a motivational sign in the training room with a rock hard convict sitting on a weight bench in prison. "He's training for you. Are you ready for him?"  That sure motivated me to get my act together and I'm not a cop.

[TAB]

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. 

shockinglt enough it is rather hard to get permission in CA to break in. in OR and NV it is not.

[tombogan03884]

Amendment IV: Warrants and searches.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The fact that some states drivers licenses say that you must agree to sobriety tests is irrelevant. Pot is an ILLEGAL substance with a distinctive odor, a cop smelling that odor constitutes probable Cause, just like if he saw a guy run out of a bank with red dye all over him.
 The little chippie was not a sworn Police Officer, therefore she has no "police powers" and should NOT have been there with out a warrant. Had the Deputy known anything about the law he would have simply said that they were investigating the stench of shit permeating the area.  They DID NOT conduct themselves properly.

[Sponsor]

[MikeBjerum]

One item concerning the traffic stop brought up earlier and going along with driving being a privilege.  When you sign for your driver's license you give consent to search in the obvious, however you still have Rights that can be exercised.  If something is in plain sight they can investigate, and if they smell pot or alcoholl they can administer a sobriety test.  However, smelling alcohol does not give permission to search, and beyond basic sobriety test the driver can refuse blood, urine or breath until speaking with an attorney.

The same goes with a building permit.  When you get a building permit you are giving permission for inspectors to make spot as well as scheduled inspections (at least in our locality).  Had this man had a permit she could have come on under that, but he did not, and she did not have a court order, and the officer did not have a warrant ... did I note a little Dunkin frosting on the lower lip ... so they had no legal reason for the inspection at that time.

My concern is that it is well known in our small community that I have guns and that I shoot.  There are also a fair number of anti-gunners in this community.  What happens if I am doing some wood projects in the garage at the office and someone in the parking lot hears the air nailer "popping?"  What can law enforcement do concerning searches based on someone calling in and telling them I am shooting in the building in town?

If we don't hold them to the Constitution on everything It will stand for nothing!

[TAB]

Amendment IV: Warrants and searches.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The fact that some states drivers licenses say that you must agree to sobriety tests is irrelevant. Pot is an ILLEGAL substance with a distinctive odor, a cop smelling that odor constitutes probable Cause, just like if he saw a guy run out of a bank with red dye all over him.
 The little chippie was not a sworn Police Officer, therefore she has no "police powers" and should NOT have been there with out a warrant. Had the Deputy known anything about the law he would have simply said that they were investigating the stench of shit permeating the area.  They DID NOT conduct themselves properly.

I can't speak for all states but here they are sworn officers of the court.

iThere is a stack of case law that says they did.    In most states teh rank of who has the most search and seaure powers is
1 game wardens
2health inspectors.

.....



federally its US marshels fallowed by USCG.

[MikeBjerum]

I can't speak for all states but here they are sworn officers of the court.

iThere is a stack of case law that says they did.    In most states teh rank of who has the most search and seaure powers is
1 game wardens
2health inspectors.

.....



federally its US marshels fallowed by USCG.

Doesn't means it is right.  In Minnesota the DNR lost their no knock entry of ice houses and blinds in the Courts.  They aren't happy, but sounds good to me, and they didn't appeal to a higher Court.

[twyacht]

Than all she had to provide was an official Health Inspector Signed document from the city, county, whatever, and provide the prop. owner with a copy, quoting statute, ordinance, law, that would have "served" him with official notice. The LEO on the scene would have been a witness, and he seemed reasonable UP UNTIL the little power b**** walked past him.

Her ID was sketchy at best, I could make a badge right now saying almost anything.

Lack of professionalism, and respect for the LAW. She failed as other gov't agencies often do at citizens expense.

I'm not defending the owners activities, I'm defending his Constitutional right to tell them to F OFF, without signed, documented, notarized, authorization to be there.  

The states make me sign, notarize, show ID, etc,.. for all kinds of crap, is it too much to ask the same in return?

Evidently, those that cater to cede more power to the state/feds, will go down quietly.

"I will not cede more power to the state. I will not willingly cede more power to anyone, not to the state, not to General Motors, not to the CIO. I will hoard my power like a miser, resisting every effort to drain it away from me. I will then use my power, as I see fit. I mean to live my life an obedient man, but obedient to God, subservient to the wisdom of my ancestors; never to the authority of political truths arrived at yesterday at the voting booth."
William F. Buckley Jr.

[blackwolfe]

I saw this vidieo quite some time ago and did a little follow up on it.  If I remember correctly this happened in Indiana.  I don't remember the details, but I think Indiana law allowed her to perform her inspection.  "I'm not saying it is right, just allowed by what the law said.  I believe the guy was doing some sewer or septic work.

My concern is that it is well known in our small community that I have guns and that I shoot.  There are also a fair number of anti-gunners in this community.  What happens if I am doing some wood projects in the garage at the office and someone in the parking lot hears the air nailer "popping?"  What can law enforcement do concerning searches based on someone calling in and telling them I am shooting in the building in town?

A few years ago there was an incident in my area where a firearms enthusiast's neighbor complained that they heard "automatic gunfire" coming from their rural property.  This was the probable cause used to investigate and issue a search warrant.  The couple were tailed and both pulled over simultaneously.  He was apparently some kind of firearms instructor and arrested for having a handgun in his vehicle and she was eventually arrested for pot.  I don't remember if she had pot on her at the time, but pot was found in a spare bedroom in the house that someone else had recently been staying in.  BATF was involved in the raid on the house and confiscated many firearms and thousands of rounds of ammuntion.  The firearms, including bolt actions were confiscated to test if they were automatic weopons.  A big media deal was made about the thousands of rounds of ammo. 

Eventually all the firearms were determined not to be fully automatic.   BATF sought forfeiture of the firearms based on the 4473 question about do you use or are addicted to drugs.  Not sure what the disposition was of the forfeiture proceedings or the pot possession charges were, but I believe he plea bargined the handgun charge.

I'm not saying that maybe this couple wasn't doing something they shouldn't have been , but what is scary to me is that probable cause can be nothing more than your anti gun neighbor reporting the sound of automatic gunfire.  I have had a LEO friend tell me that if law enforcment wants probable cause, they can find it one way or another and get a warrant.

By the way from what I understand in Michigan that Conservation Officers have they highest police powers of any law enforcment units.  They have all the powers of the state police plus the powers of game and enviromental laws and regulations.