(a) A trespassory test is satisfied: (1) a “trespass” occurs, (2) the trespass is onto an enumerated item listed in the Fourth Amendment (“persons, houses, papers, or effects”), and (3) it occurs with the intent “to find something or to obtain information”
OR
(b) The Katz test is satisfied: the government conduct violates a subjective expectation of privacy and an objective reasonable expectation of privacy
@joker5972: You are yet another person spouting "the law".
Try actually READING the statutes, such as Indiana Code 35-41-3-2 (allowing force in CERTAIN situations defending property and 16-20-1-23 (allowing health inspectors to enter private property to investigate disease, after due notice).
you think this is bad, wait , this is his personal property and he does have the right to post no tresspassing signs and it is the law that he can protect his property. maybe if that dumbass cop had any sence he would have made that dumb cunt get the propper paper work and then come back . is this Russia/ wtf
@DavidForthoffer Also, Indiana Code 16-20-1-23 provides for searches for disease which she didn't mention. I feel like she would have known this law offhand had this been her actual intention.
@CurtIs12367: Furthermore, if YOU worked for the Dept. of Public Health and had PROOF of a health code violation inside my HOUSE, probable cause would not be enough to just walk in. You'd need to get a warrant first.
The key is whether the area entered is protected by the 4th Amendment. Homes are. "Open fields" are not.
@DavidForthoffer Your arguments make no sense. You cannot simply enter someone's property, in this case some sort of public official without a warrant when he has asked them to leave. That's basic common sense. I can't just walk around someone's property because I work for the Dept. of Public Health. Come on man. You have to have probable cause.
***BREAKING NEWS***
Doctrine for 4th amendment “search”:
A search occurs either when
(a) A trespassory test is satisfied: (1) a “trespass” occurs, (2) the trespass is onto an enumerated item listed in the Fourth Amendment (“persons, houses, papers, or effects”), and (3) it occurs with the intent “to find something or to obtain information”
OR
(b) The Katz test is satisfied: the government conduct violates a subjective expectation of privacy and an objective reasonable expectation of privacy
AudiRS4Life 7 hours ago
just fuking shoot the noisy bitch
slim723slim 1 month ago
@joker5972: You are yet another person spouting "the law".
Try actually READING the statutes, such as Indiana Code 35-41-3-2 (allowing force in CERTAIN situations defending property and 16-20-1-23 (allowing health inspectors to enter private property to investigate disease, after due notice).
DavidForthoffer 1 month ago
you think this is bad, wait , this is his personal property and he does have the right to post no tresspassing signs and it is the law that he can protect his property. maybe if that dumbass cop had any sence he would have made that dumb cunt get the propper paper work and then come back . is this Russia/ wtf
joker5972 1 month ago
@DavidForthoffer Maybe
CurtIs12367 1 month ago
@CurtIs12367: Maybe she mentioned it the day before...
DavidForthoffer 1 month ago
@DavidForthoffer Also, Indiana Code 16-20-1-23 provides for searches for disease which she didn't mention. I feel like she would have known this law offhand had this been her actual intention.
CurtIs12367 1 month ago
@CurtIs12367: Furthermore, if YOU worked for the Dept. of Public Health and had PROOF of a health code violation inside my HOUSE, probable cause would not be enough to just walk in. You'd need to get a warrant first.
The key is whether the area entered is protected by the 4th Amendment. Homes are. "Open fields" are not.
DavidForthoffer 1 month ago
@DavidForthoffer Your arguments make no sense. You cannot simply enter someone's property, in this case some sort of public official without a warrant when he has asked them to leave. That's basic common sense. I can't just walk around someone's property because I work for the Dept. of Public Health. Come on man. You have to have probable cause.
CurtIs12367 1 month ago
@CurtIs12367: This video shows no evidence that she was preparing to illegally enter his property, as not-so-old posts here show.
DavidForthoffer 1 month ago