City demanded on my property !!

[rebelcowboysnb]

Quote:
Misleading someone to get them to consent to a search is not illegal. Nor do they have to advise her of her rights before getting her consent. All though it should be held the same as Miranda it is not. This is one of the rights that you have to know an stand up for on your own.

Also if these people are from some sort of non government group like a HOA then constitutional search an seizure laws do not apply an this shifts over to trespassing laws.

 

[Sonoran Silkies]

Quote:
A generic online "law" encyclopedia doesn't mean anything when it overlooks specific statutes


http://en.wikipedia.org/wiki/Game_warden

I just said it was worth reading but at least I was not quoting wikipedia.


As far as the federal government, game wardens do not have powers above the federal search an seizure laws. States can an do make laws all the time that go outside there bounds but federal judges always get the last say.

I'm pretty sure you cant be charged with any crime in any state for asking for a warrant even if they might not need one. By asking for one you cover your butt.

Point is here in Ohio a game warden can and do go on private land, Check anyone fishing and hunting, matter of fact they can come on your land ,and charge you with killing wildlife out of season, yes without a search warrant.....animal control can enter your home, if they think an animal is in there ,without food and water......without search warrant.

There is a huge difference in emergency situations and non-emergency ones. In the OP's case (and this does NOT seem to be the situation or it would have been dealt with differently). IFF the people who came out were indeed legitimate city officials, and IFF they had a confirmed situation of horse manure in the watershed, and IFF they had traced the contamination sourse as far back as her property, THEN there might have been an exigency in identifying and shutting down the source of pollution. A complaint that manure is not being removed from stalls daily is not exigent.

 

[Sonoran Silkies]

Quote:
Misleading someone to get them to consent to a search is not illegal. Nor do they have to advise her of her rights before getting her consent. All though it should be held the same as Miranda it is not. This is one of the rights that you have to know an stand up for on your own.

Also if these people are from some sort of non government group like a HOA then constitutional search an seizure laws do not apply an this shifts over to trespassing laws.

True, but even the most ridiculous nit-picky HOAs don't go around "inspecting" like that, and they would say they were from the HOA, not from the city. Especially since the OP said the whole area was visible from the road.

 

[PotterWatch]

Quote:
They don't have to tell her that she doesn't have to allow them entry. It is the responsibility of the property owner to know that as it is the responsibility of all citizens to inform themselves of laws that apply to them. Ignorance of the law does not make you immune from the law. Someone doesn't have to tell me that it's illegal to pee on the sidewalk for me to get arrested for it. Code enforcement people won't generally show you id unless you request it. Had it been requested and then refused, that would be an issue. It is not at all like not being read your Miranda rights when arrested.

 

[onthespot]

There is no issue of watershed on that property. It is arid, sandy, flat land. Nothing flows to the street. I have been there NUMEROUS times and never seen more than one day's accumulation of horse manure. The horses are fed daily, They have clean, safe housing and shelters from the sun. They are slick coated. Their feet are cared for. They get ridden and groomed. It is a BOGUS complaint. It is a REPEAT bogus complaint for the same thing. There must be some point at which they cannot just keep asking to check on what is a pattern of bogus complaints.

 

[WalkingWolf]

Quote:
Misleading someone to get them to consent to a search is not illegal. Nor do they have to advise her of her rights before getting her consent. All though it should be held the same as Miranda it is not. This is one of the rights that you have to know an stand up for on your own.

Also if these people are from some sort of non government group like a HOA then constitutional search an seizure laws do not apply an this shifts over to trespassing laws.

True, but even the most ridiculous nit-picky HOAs don't go around "inspecting" like that, and they would say they were from the HOA, not from the city. Especially since the OP said the whole area was visible from the road.

I had a incident years ago fishing from a public bridge situation. The HOA (cough) officer showed up showed a badge ordering us to stop fishing as it was against rules. The individual showed a badge did not identify himself as a HOA until he saw the badge of the FMP trooper with us. He went to jail for impersonating a police officer. If a person shows a badge and does not identify the purpose of the badge they can be charged and usually will be prosecuted. This sounds very much like a over zealous HOA. JMO but worth checking out, and if it is the case OP should press charges.

 

[rebelcowboysnb]

Did the OP say they showed a badge? I missed that if they did.

My first statement was meant if they are government.

The second was obviously about non government.

 

[WalkingWolf]

Quote:
From post #11 by the OP "They showed me no id. But said they were city the city. They had badge on them."

 

[rebelcowboysnb]

o ok

But I'm pretty sure wearing a badge is not the same as impersonating an officer. Lots of jobs out there that you wear a badge. To be impersonating you have to make an obvious attempt to make someone believe you are someone you are not. Flashing a badge may do it but wearing one openly that says who you are is not. Neighborhood watch locally wears badges an drive county cop cars, firemen(me) wear them, security....
http://www.smithwarren.com/products.html


Still hard to say who they were.....

 

[Sonoran Silkies]

Quote:
Also, the laminated identification that are used by some offices, schools, etc. and sometimes referred to as name badges or simply badges. Not at all the same thing as an LE or other metal badge, but the semantics could be misleading.