# Are government officials allowed to trespass on your property sans warrant? video **URL:** \ **Category:** Great Debates\ **Created:** [May 3, 2007, 11:35pm UTC](https://boards.straightdope.com/t/are-government-officials-allowed-to-trespass-on-your-property-sans-warrant-video/402682 "2007-05-03T23:35:45Z")\ **Posts on this page:** 7\ **Page:** 4
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [May 5, 2007, 4:28pm UTC](https://boards.straightdope.com/t/are-government-officials-allowed-to-trespass-on-your-property-sans-warrant-video/402682/61 "2007-05-05T16:28:42Z")
[QUOTE=Bricker] The law: (a) doesn’t require a police officer to disclose to a suspect the basis for his probable cause; (b) makes a distinction between houses and fields. Do you care to see cites on thatpoint, or do you simply not care? [/QUOTE] Yes on point (A), no on point (B). I accept the distinction between house and land. My illustrated point was for the justification of the intrusion. By applying it to a home I wanted to show how it can be used as an abuse of power. He was not a suspect in a crime so I would like to see case law that sides on a State’s ability to trespass without cause. As a public official, she was challenged on that point and did not provide an answer. It is reasonable to provide a basic explanation for an invasion of privacy. It’s the job of a police officer to uphold trespass laws and he did not act on the behalf of the citizen requesting it in any way. I would expect a judge to rule that it is reasonable for an inspector to gain access to a site (for cause) and it is also reasonable for an inspector to provide cause when asked. There is nothing to be lost in the disclosure when weighed against the loss of privacy (in the act of trespass). So yes, a cite that represents this situation would be valuable for this discussion. ---
**Author:** ![Honesty](https://avatars.discourse-cdn.com/v4/letter/h/f04885/32.png) [@Honesty](https://boards.straightdope.com/u/Honesty)\ **Post date:** [May 5, 2007, 4:45pm UTC](https://boards.straightdope.com/t/are-government-officials-allowed-to-trespass-on-your-property-sans-warrant-video/402682/62 "2007-05-05T16:45:59Z")
[QUOTE=spoke-] **Magiver** , And the guy who made the video is a crank who is trying to skirt the law. [/QUOTE] I disagree. I believe this guy was a private individual who did not want these people on his property. Indeed, if constitution grants the police officer and health inspector to take pictures of the property, why bother going to the front door and asking to take a look at the property? The fact that they asked him, got denied, and did it anyway is a proverbial slap in the face to the homeowner. […(c) Subsections (a) and (b) do not apply to the following: …(3) A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties.] Who came up with the vague term “official duties”? The Illinois lawmakers had to get this one from the back of a Cap’n Crunch box. My only question is whether it was from the Crunch Berries or the Peanut Butter Crunch special boxed editions. Everything a police officer does can be considered “official duties”. My god, under Illilnois law, is there _anything_ a police officer can’t do? I just want point out that these are the same vague “laws” that allowed L.A. cop [Mark Fuhrman](http://en.wikipedia.org/wiki/Fuhrman_tapes) to skirt around the civil rights of countless minorities. Without reprimand. Just out of curiousity, does anyone know which country has the best record for civil rights & liberties? - Honesty ---
**Author:** ![Spoke](https://avatars.discourse-cdn.com/v4/letter/s/a88e57/32.png) [@Spoke](https://boards.straightdope.com/u/Spoke)\ **Post date:** [May 5, 2007, 9:42pm UTC](https://boards.straightdope.com/t/are-government-officials-allowed-to-trespass-on-your-property-sans-warrant-video/402682/63 "2007-05-05T21:42:43Z")
[QUOTE=Magiver] It’s the job of a police officer to uphold trespass laws and he did not act on the behalf of the citizen requesting it in any way. [/QUOTE] Because she wasn’t trespassing under Indiana law. She was engaged in carrying out her official duties, investigating a septic system installation (apparently undertaken without a permit). > [@Honesty](#): > > I believe this guy was a private individual who did not want these people on his property. Of course he didn’t want them on his property. He was installing an unpermitted septic system. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [May 6, 2007, 12:19am UTC](https://boards.straightdope.com/t/are-government-officials-allowed-to-trespass-on-your-property-sans-warrant-video/402682/64 "2007-05-06T00:19:11Z")
[QUOTE=spoke-] Because she wasn’t trespassing under Indiana law. She was engaged in carrying out her official duties, investigating a septic system installation (apparently undertaken without a permit). [/QUOTE] I’m not sure why you keep bringing up Indiana law in a Virginia matter but she was asked her propose and did not give one. Her badge does not give her cart-blanch access to property over his right to privacy. It was a simple matter to clear up before a representative (the sheriff) and that was not done. [QUOTE=spoke-] Of course he didn’t want them on his property. He was installing an unpermitted septic system. [/QUOTE] That would be your opinion. If he were sited for this you would have a point. Some people don’t like their privacy invaded. It’s one of the few things we have control over. ---
**Author:** ![Spoke](https://avatars.discourse-cdn.com/v4/letter/s/a88e57/32.png) [@Spoke](https://boards.straightdope.com/u/Spoke)\ **Post date:** [May 6, 2007, 12:25am UTC](https://boards.straightdope.com/t/are-government-officials-allowed-to-trespass-on-your-property-sans-warrant-video/402682/65 "2007-05-06T00:25:45Z")
The incident took place in Laporte, Indiana. ---
**Author:** ![scotandrsn](https://avatars.discourse-cdn.com/v4/letter/s/a4c791/32.png) [@scotandrsn](https://boards.straightdope.com/u/scotandrsn)\ **Post date:** [May 6, 2007, 4:23am UTC](https://boards.straightdope.com/t/are-government-officials-allowed-to-trespass-on-your-property-sans-warrant-video/402682/66 "2007-05-06T04:23:02Z")
[QUOTE=spoke-] The incident took place in Laporte, Indiana. [/QUOTE] Well, now we’re getting somewhere. According to the [Environmental Health Services](http://www.laportecounty.org/health/environmental.html) page of the La Porte County Health Department: > [@](#): > > The Environmental Health Services division handles all complaints made to the Health Department concerning the environment. Complaints are submitted by county residents, or the complaint process may be initiated by county officials as observed in the field. Most investigations begin with an initial consultation with the complainant. An inspection of the site is conducted to confirm the validity of the complaint. > > This is followed by a determination of any appropriate remedial actions needed and a consultation with the subject of the complaint. Callbacks/site checks are often performed to insure the completion of any ordered actions. Three letters are sent for non-compliant cases, at 30 day, 15 day, and 7 day intervals. They also have a link to the [Indiana Department of Environmental Management](http://www.in.gov/idem/), which in turn links to the section of the Indiana code that deals with them. In [Section 13.14.2](http://www.in.gov/legislative/ic/code/title13/ar14/ch2.html) of the Indiana Code, it says: > [@](#): > > IC 13-14-2-2 > Entry upon private or public property for inspection by agent > Sec. 2. The department may have a designated agent, upon presentation of proper credentials, enter upon private or public property to inspect for and investigate possible violations of any of the following: > (1) Air pollution control laws. > (2) Water pollution control laws. > (3) Environmental management laws. > (4) IC 13-18-9. \ > (5) IC 13-18-10. \ > (6) IC 13-19-2. \ > (7) IC 13-19-3. \ > (8) Any rule adopted by one (1) of the boards. ---
**Author:** ![plnnr](https://avatars.discourse-cdn.com/v4/letter/p/7ea924/32.png) [@plnnr](https://boards.straightdope.com/u/plnnr)\ **Post date:** [May 7, 2007, 1:08pm UTC](https://boards.straightdope.com/t/are-government-officials-allowed-to-trespass-on-your-property-sans-warrant-video/402682/67 "2007-05-07T13:08:15Z")
Not that it matters any longer, since we have the reference to the Indiana regulations, but the following link to the VA Dept. of Health tells you everything you could ever want to know about installing a on-site septic system in VA: [http://www.vdh.state.va.us/OEHS/ONSITE/index.htm](http://www.vdh.state.va.us/OEHS/ONSITE/index.htm) [Previous page](https://boards.straightdope.com/t/are-government-officials-allowed-to-trespass-on-your-property-sans-warrant-video/402682.md?page=3)