08 / May
08 / May
Knock, Knock. Who's There? The People From the Government...

We are a government of laws and not of men. Some people who work for the government think otherwise. This video of a policeman and a public health inspector trespassing on an Indiana man's property is an example of this arrogance. "You can't come in" in bureaucratese means "Kick my door in."

posted at 12:09 AM
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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.

On a related note, I was served with a restraining order not too long ago. It's a frightening process and one that seems to be routinely abused as it was in my case. My roommate apparently was suffering from some kind of paranoid delusion, went to court and was granted a temporary restraining order against me without me ever being notified that such a hearing was taking place so that I could defend myself. The first I knew of it was when two police came to the door and explained to me that I had 15 minutes to collect whatever possessions I wanted to bring with me and that I had to appear at a hearing in 12 days, and that I also could not go anywhere near the apartment or my roommate. So for 12 days I had no access to my residence (I was on the lease, didn’t seem to matter in any of this), and no access to any of the possessions that I didn't carry with me out the door. At the hearing where I could finally address the lies my roommate had submitted to the court, it didn't seem to matter at all. The judge was absolutely prepared to rubber stamp things and extend the order for a year simply because when he asked my roommate if he were still in fear of me, my roommate replied, "Yes, because his possessions are still in the apartment." I was able to get the restraining order vacated, but doubt many are as fortunate as I was.

I shudder to think what could have happened if I asserted my fourth amendment right to the police or even dared mention it to the judge at the hearing. Probably I'd be in jail.

Posted by: obi juan on May 7, 2007 08:36 PM

What views have the courts established regarding the term reasonable? Is it reasonable to inspect property for the purposes of enforcing building and health statutes when someone is clearly digging and building? I ask as I am building a bedroom & bathroom addition onto my house, and I wonder what reasoning may have prompted the sheriff to make a search of the man's property in the video.

Posted by: Webster on May 8, 2007 06:39 AM

Are we? If that's so, then why does our Government, essentially, sanction law breaking on a grand scale by looking the other way as illegals pour over our borders?

Posted by: asdf on May 8, 2007 08:01 AM

There are a few exceptions to needing a warrant. If the Sheriff heard somebody screaming on the property and thought some person may be in danger.

This did not meet that exception rule, from the tape we saw. It's so much easier with a warrant and doign it the right way.

I am still curious why she was there and what he was doing. He seemed very prepared of the confrontation but his battery died in eight minutes.

Posted by: Marty on May 8, 2007 08:08 AM
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