4th Amendment Ignored By Indiana Sheriff

Sheriff allows illegal search.

Category:

News & Politics

Tags:

• Indiana
• Sheriff
• 4th_amendment
• Illegal
• trespass

[ROFLMAoo12]

Did you press charges? If you did, what was the outcome? This is very interesting.

[Adesico87]

that is curtilage. He can be on your drive way and front door step if he wants to. Sorry buddy. DO YOUR HOMEWORK

[BaboyKal818ee]

@Adesico87 do YOUR homework. Curtilage is the area around ones building/structure/home. When the law uses curtilage, they can only go into the area which activites are not being taken place. if so this is a violation of the 4th amendment which curtilage is underneath. Curtilage can actually be used on his defense to back up his accusation of trespassing.

[justice3769]

SOOOO what happened ?

[Adesico87]

@SoftSailz If they tried to get into the house then yeah you're right. But what i watched the officer and woman stayed on the driveway. They are perfectly legal to do so. Also if you were to have used your force, in any way, thats 3rd degree assault, and if you caused any injury well then you just bumped that up to 2nd degree assault.

[SoftSailz]

i would have physically restrained her off my property if it was me

[SoftSailz]

@Adesico87 its an unlawfull search

[Adesico87]

@DavidForthoffer, you are absolutely right. i misspoke. I meant Non-curtliage. I was just so pissed at this jacknuts video taping. The officer and the woman where on quasi public land and have every right to be there, even if its to investigate. My bad on the miscommunication.

[MrTonvis]

I wonder what would happen if he Physically prevented her from entering his property,

[DavidForthoffer]

@Adesico87: An area is curtilage if it harbors the intimate activities of home life, and is to be decided by combining 4 factors: nearness to home, extent that access is blocked, extent that view is blocked, and evidence of home-like activities. Read the U.S. Supreme Court case United States v. Dunn (1987).

Here, the areas she visited completely flunk 3 of 4 factors. She did not enter his curtilage. She did not violate his 4th Amendment rights.

[DavidForthoffer]

@jernelsonable: "Case closed" = shooter in jail, because Indiana's Castle Law does not allow use of deadly force in this situation. See Indiana Code 35-41-3-2.

[jernelsonable]

You should have just shot first and asked questions later. "Deputy, the woman made a furtive movement and I saw was a shiny metallic object. I was in fear for my life!" Case closed.