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Health InspectorUploaded by: texteditor Video Description: Incident in Indiana where a health inspector trespasses on private property while law enforcement looks on. Tags for this video: Freedom Health Indiana Inspector Law Liberty Martial Property Rights Sheriff Tyranny Find more videos in the "News" category See more videos uploaded by texteditor
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SpLi 1 2 3 4 5 6 7 8 9 10
Is this related to whats happeneing in this video?
where's that Horn guy in Texas when you need him
btw, what happened in the end?
"open fields" doctrine has been expanded to include ALMOST any open space OTHER than the land immediately surrounding a domicile.
Private Property:
(12) To acquire, have and use the means necessary to exercise the above natural rights and pursue happiness, specifically including:
(1) A private residence, from which others may be excluded.
(3) Personal property, which others may be denied the use of.
In this case, the legal justification is Indiana Code 16-20-1-23, which allows health inspectors to enter private property to investigate disease, after due notice.
That is why the sheriff was not allowed to enter the property, until it appeared the lady was in danger of being assaulted.
CURTILAGE DEFINED
As the U.S. Supreme Court noted in United States v. Dunn, 1. curtilage is the area immediately surrounding a residence that ``harbors the `intimate activity associated with the sanctity of a man's home and the privacies of life.''' 2. Curtilage, like a house, is protected under the fourth amendment from ``unreasonable searches and seizures.'' 3. Determining the boundaries of curtilage, however, is considerably more problematic than fixing the limits of a house.
Also, if you failed to notice the domicile in the video she walked up to it to take her photographs, and the fact the "state" official had to walk around the structure to "observe" the alleged violation which was NOT in PLAIN VIEW.
You are incorrect yet again. You claim Indiana Code 16-20-1-23 gives the state the right to enter the land owners property. Sorry but state law will not supersede our constitutional rights.
Or are you just going to say that earth-moving is obviously an intimate activity associated with the sanctity of a man's home and the privacies of life?
1. It was in close proximity to the domicile. (land owners backyard)
2. Obviously you believe the land owners backyard does not entitle him to sanctity of a man's home and the privacies of life. Maybe you should read United States v. Van Dyke.
3. He posted no trespass signs, block drive way access with motor vehicle, and area was not in plain view.(view blocked by domicile)
Lastly, there is no need to get rude, we are after all having an "intelligent" discussion.
In United States v. Van Dyke, 643 F.2d 992, the critical area was within "the exclusionary fence". THIS case had no such fence.
"No Trespass" signs are irrelevant. They apply to both curtilage and open fields, and hence do not distinguish the two.
The areas she entered were not separated from open field by a fence, nor were blocked from view, nor were used differently than nearby open fields. He flunks 3 of the 4 factors.
(5) As earlier noted, this protection extends to the area surrounding a residence that is known as curtilage.
As the U.S. Supreme Court noted in United States v. Dunn
(3) Determining the boundaries of curtilage, however, is considerably more problematic than fixing the limits of a house.
Again: Curtilage issues can only be answered by considering Dunn's four factors as they relate to the intimacies of a domicile.
The lack of a specific formula does NOT mean all areas somewhat near a home are protected by the Fourth Amendment. You need to apply the four factors, with reason.
picture that biiiiitch!
So the only issue left is whether she is trespassing. Indiana Code 16-20-1-23 allows her to enter private property to investigate disease after due notice, which she obviously may have given.