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  1. #1
    baumy300 is offline Star Spokesman
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    So they don't uphold the law in Indiana?

    The woman and the cop are both idiots.

    http://break.com/index/sheriff-allows-illegal-trespass2b.html

    I think you should try getting ahold of the guy with the camera Cajun, could be in for a nice settlement.

  2. #2
    cogitans is offline Jersey Retired
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    Re: So they don't uphold the law in Indiana?

    Are you sure that they are violating his rights. I'm not a lawyer, and I don't know what it would take to supersede the private property rights in Indiana. Maybe they actually do need a court order, but it's pretty difficult to hear them explain how they see it because he's screaming all the time.

    Thanks to PPE for the sig.

  3. #3
    baumy300 is offline Star Spokesman
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    Re: So they don't uphold the law in Indiana?

    "cogitans" wrote:
    Are you sure that they are violating his rights. I'm not a lawyer, and I don't know what it would take to supersede the private property rights in Indiana. Maybe they actually do need a court order, but it's pretty difficult to hear them explain how they see it because he's screaming all the time.
    They need some sort of probable cause to just go onto private property. Him hauling dirt around his yard is not a crime. If he was stealing dirt from his neighbors or something yeah, but until they can have a reason to believe he is doing something illegal, they can't just stroll onto his property and start doing whatever. Next thing we know, cops will just storm into peoples houses and be like "Oh hey, we found a beer can in your garbage and we know you have kids. We're just checking to see if any of them are drinking, LOL!"

    No.

  4. #4
    cogitans is offline Jersey Retired
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    Re: So they don't uphold the law in Indiana?

    "baumy300" wrote:
    "cogitans" wrote:
    Are you sure that they are violating his rights. I'm not a lawyer, and I don't know what it would take to supersede the private property rights in Indiana. Maybe they actually do need a court order, but it's pretty difficult to hear them explain how they see it because he's screaming all the time.
    They need some sort of probable cause to just go onto private property. Him hauling dirt around his yard is not a crime. If he was stealing dirt from his neighbors or something yeah, but until they can have a reason to believe he is doing something illegal, they can't just stroll onto his property and start doing whatever. Next thing we know, cops will just storm into peoples houses and be like "Oh hey, we found a beer can in your garbage and we know you have kids. We're just checking to see if any of them are drinking, LOL!"

    No.
    Well I know that it's private property and it takes a cause and all that.

    On the other hand they clearly have suspicion of something, probably about an illegal build, or something. Looks like maybe a plumbing issue or something.

    All I were saying is that I don't know how much it takes for them to use that suspicion to invade his property.

    Thanks to PPE for the sig.

  5. #5
    baumy300 is offline Star Spokesman
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    Re: So they don't uphold the law in Indiana?

    Yeah I think he mentioned someone called because they didn't like him or something. They still needed a warrant I believe. I mean seriously, it would be cool if you could just call the cops with no proof of anything and just get people in trouble.

  6. #6
    cogitans is offline Jersey Retired
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    Re: So they don't uphold the law in Indiana?

    "baumy300" wrote:
    Yeah I think he mentioned someone called because they didn't like him or something. They still needed a warrant I believe. I mean seriously, it would be cool if you could just call the cops with no proof of anything and just get people in trouble.
    No he asked, did anyone call because they dislike me.

    But if you're certain that's how the law is, that they need the warrant signed at the courthouse I'm sure he has a case.

    I was just not convinced by the video alone, combined with me not being a lawyer with complete knowledge of the legal precedence in that matter.

    Thanks to PPE for the sig.

  7. #7
    baumy300 is offline Star Spokesman
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    Re: So they don't uphold the law in Indiana?

    "cogitans" wrote:
    "baumy300" wrote:
    Yeah I think he mentioned someone called because they didn't like him or something. They still needed a warrant I believe. I mean seriously, it would be cool if you could just call the cops with no proof of anything and just get people in trouble.
    No he asked, did anyone call because they dislike me.

    But if you're certain that's how the law is, that they need the warrant signed at the courthouse I'm sure he has a case.

    I was just not convinced by the video alone, combined with me not being a lawyer with complete knowledge of the legal precedence in that matter.
    We'll ask Cajun in the morning. If he doesn't know, he'll ask J.D.

  8. #8
    baumy300 is offline Star Spokesman
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    Re: So they don't uphold the law in Indiana?

    Ok, found this on some other boards.

    Found the case.


    State of Indiana Vs Robert Trimble, appeal from Jennings Superior Court Indiana to the Indiana Supreme Court....... Indiana State Supreme court ruled officer seeing crime / evidence from public that any public citizen could see, investigating a tip of a crime, including parking car in driveway to walk to the home, is allowed to warrantless enter the premises ( yard ) to investigate further. Court further states that officer entry onto private property and their observations do not violate fourth ammendment when they have a legitimate investigatory purpose for being on the property limitting thier entry to places visitors would be expected to go. Indiana Supreme court decided ruled on this type situation 02-21-2006. Also mentions timely tip from a person and health / safety of others.
    The Deputy could have walked with the woman to investigate any health hazards to the public.

    http://www.lplp.org/html/current_situations.html
    http://cgi.ebay.com/Unlawfully-condemned-2-2-Acres-in-NW-Laporte-Indiana_W0QQitemZ230018247410QQihZ013QQcategoryZ16 07QQcmdZViewItem

    It's still messed up though how they really had nothing to go on. Plus, it was his property. There was no gasses or fumes, so how is the public in danger? They could be maybe if they came on his land in one way or another, but that's why he has it off limits.

  9. #9
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    douginc is offline Starter
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    Re: So they don't uphold the law in Indiana?

    My mother's neighbor was a complete jerk to my mother.
    She absolutely hated my mother since she believed she was too high class for our family.
    Anyway, my mother is a pack rat and has stored a lot of stuff in her life in her garage.
    My mom's brother died from a heart attack out of nowhere at the age of 45.
    We had to take his whole life of stuff, since he lived in an apartment, in one week.
    We had nowhere to put it all, so we shoved as much as we could in the garage, but a few items we had to hide on the side of our house - the side away from our neighbor.

    My mother ends up having the city call and take us to court for having stuff in our back yard (it was like a bookcase up against the house and I think an old couch).
    We go to court, my mom is morbidly embarrassed and ashamed, since the majority of people in the courtroom were there for theft, drugs, or other such offenses, and we're there for having stuff near our house.

    We get up to the judge and he asks us, essentially, what's up with our case, why are we there.
    The district attorney guy had a bunch of photos that we have no idea who took.
    They were taken from on our property, not in the street, or from a house window.
    In order to take them you would have to be standing in our backyard.

    The judge noticed this, asked us if we gave anyone permission to be on our property taking photos, and we said absolutely not, we honestly had zero clue any photos were taken.
    He threw out the case, and said if we could prove we know who did it, we could take them to court for illegally trespassing.
    It didn't matter if the person was acting on account of the city or not, he said, they would need to show a warrant to the homeowner.

    My mother was just overjoyed to get out of there, she couldn't care less about taking someone to court - I hurried and sold all the stuff on Ebay, it just took five days to a week to sell all the junk.
    This was all over a year and half ago.

    So, at least in our case, you need a warrant to step foot on residential property.
    I was not pleased someone was walking around in our backyard stalking and taking photos.
    I don't think any of us want that.

  10. #10
    cogitans is offline Jersey Retired
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    Re: So they don't uphold the law in Indiana?

    "baumy300" wrote:
    Ok, found this on some other boards.

    Found the case.


    State of Indiana Vs Robert Trimble, appeal from Jennings Superior Court Indiana to the Indiana Supreme Court....... Indiana State Supreme court ruled officer seeing crime / evidence from public that any public citizen could see, investigating a tip of a crime, including parking car in driveway to walk to the home, is allowed to warrantless enter the premises ( yard ) to investigate further. Court further states that officer entry onto private property and their observations do not violate fourth ammendment when they have a legitimate investigatory purpose for being on the property limitting thier entry to places visitors would be expected to go. Indiana Supreme court decided ruled on this type situation 02-21-2006. Also mentions timely tip from a person and health / safety of others.
    The Deputy could have walked with the woman to investigate any health hazards to the public.

    http://www.lplp.org/html/current_situations.html
    http://cgi.ebay.com/Unlawfully-condemned-2-2-Acres-in-NW-Laporte-Indiana_W0QQitemZ230018247410QQihZ013QQcategoryZ16 07QQcmdZViewItem

    It's still messed up though how they really had nothing to go on. Plus, it was his property. There was no gasses or fumes, so how is the public in danger? They could be maybe if they came on his land in one way or another, but that's why he has it off limits.
    So everything seems to be in order. No need to be alarmed.

    They are investigating IF something could be dangerous to others, and that's fine and dandy

    Thanks to PPE for the sig.

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