Indiana Sheriff Allows Illegal Trespass by Health Inspector
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Or is it legal? Certainly you don't have to grant access permission to govt. workers who think there may be a gas leak or other compelling public health hazard on your property. I will send this link to the Indiana Law blog for comment.
posted by Annoynymous | 6:44 PM
10 Comments:
Right of entry - 410 IAC 6-10-4
Sec. 4. The board, the local health department, or their authorized representatives may enter upon public or private property at reasonable times and upon presentation of credentials to inspect facilities, equipment, or records, investigate allegations, determine soil characteristics, conduct tests, or collect samples for the purpose of obtaining information necessary to the issuance of a permit pursuant to 410 IAC 6-10 [this rule], or to determine whether any person is subject to, or in violation of 410 IAC 6-10 [this rule] or any permit or order issued pursuant thereto.
http://www.in.gov/isdh/regsvcs/saneng/laws_rules/410_iac6_10.htm#D
you are WRONG...
she did NOT present"credentials to inspect facilities, equipment, or records, investigate allegations, determine soil characteristics, conduct tests, or collect samples for the purpose of obtaining information necessary to the issuance of a permit pursuant to 410 IAC 6-10 [this rule], or to determine whether any person is subject to, or in violation of 410 IAC 6-10 [this rule] or any permit or order issued pursuant thereto"
she gave a B.S card with a name and last letter,that ISNT viable accredidation/Identification.
and they DID NOT have the ability to enter persuent to the"authorized representatives may enter upon public or private property at reasonable times" section.
further,the Sheriff is wrong,not using the section You quoted,he said nothing in their defense.
AND,He could bring a case qand win,she is NOT properly identified as a state official.
That's great. Did she say she was entering the property under that authorization? Was he applying for a permit that required inspection for issuance?
410 IAC 6-10-4
The above applies to Commercial On-Site Wastewater Disposal. This rule does not apply in any way, shape, or form to this situation. I do believe, but do not know for certain, that the officials here had the leagal right to do what they did or not. What this looks like is a case of "Barney Fife" and the "the law applies to everyone else but me" health inspector not really knowing what is the laws in their area. I fear they may have made the kind of mistakes here that could result in BIG problems for these two. I do not know if anything will truely comeof this but if it does...their WILL be some explaining to do.
I believe the sheriff and the health inspector had a right to investigate this allegation and to contact the owner and try to conclude whether there was a violation and if they believed there was a gas leak or something to this effect to try and gather any information for REASONABLE SUSPICION, and/or PROBABLE CAUSE, (such as smelling an odor of natural gas or visually seeing any violation, or even hearing the hissing of what they believed to be gas). Without probale cause for immediate health hazzard or permission from the owner, or a warrant for it's specific purpose, I believe their trespass was without proper reasoning of a prudent person and therefore illegal.
Indiana State Health Inspector law. IC 16-20-1-23.
A health officer, upon hearing of the existence of such unlawful conditions within the officer's jurisdiction, shall order the abatement of those conditions. The order must:
(1) be in writing if demanded;
(2) specify the conditions that may transmit disease; and
(3) name the shortest reasonable time for abatement.
In writing, as opposed to "Hey I'm here."
But what if a person denies entry...
Indiana State Health Inspector law. IC 16-20-1-23. c)
If a person refuses or neglects to obey an order issued under this section, the attorney representing the county of the health jurisdiction where the offense occurs shall, upon receiving the information from the health officer, institute proceedings in the courts for enforcement. An order may be enforced by injunction. If the action concerning public health is a criminal offense, a law enforcement authority with jurisdiction over the place where the offense occurred shall be notified.
Indiana State Health Inspector law. IC 16-20-1-23.
A health officer, upon hearing of the existence of such unlawful conditions within the officer's jurisdiction, shall order the abatement of those conditions. The order must:
(1) be in writing if demanded;
(2) specify the conditions that may transmit disease; and
(3) name the shortest reasonable time for abatement.
In writing, as opposed to "Hey I'm here."
But what if a person denies entry...
Indiana State Health Inspector law. IC 16-20-1-23. c)
If a person refuses or neglects to obey an order issued under this section, the attorney representing the county of the health jurisdiction where the offense occurs shall, upon receiving the information from the health officer, institute proceedings in the courts for enforcement. An order may be enforced by injunction. If the action concerning public health is a criminal offense, a law enforcement authority with jurisdiction over the place where the offense occurred shall be notified.
http://www.in.gov/judiciary/opinions/archive/10200403.msm.html
Dude was doing wrong!!!
Messed up a Dog that ain't right.
He has time to clain his rights, so who's going to do something for the dog, At least cut it loose to defend for itself if you can't take care of it.
"You are WRONG"
Umm, not really. She presented a government ID, and repeatedly stated why she was there. He drowned her out with his continuous monologue, but that doesn't change the facts.
"This rule does not apply in any way, shape, or form to this situation"
Absolutely yes it does. As explicitly stated in the statute that you read only PART of,
This rule does not apply in any way, shape, or form to this situation
OR to determine whether any person is subject to, or in violation of 410 IAC 6-10.
Notice the OR? That means in ADDITION to permitting purposes, inspectors are allowed to investigate if a VIOLATION is taking place.
Don't like the law, then change it. But she did nothing wrong.
there*
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