(12-01-2009 11:18 PM)Lord Stanley Wrote:  After a little of the Google, It seems the situation is as such

*Land owner (Ray Kirkus) was building an illegal septic or sewer system in his backyard that was allegedly polluting neighborhood wells.
*Local health department (Julie Wolfe) had been by the day before to try to document the concern, but Ray chased her off.
*Julie returns the next day with the a local Sheriff (Deputy Cooper) to assist.
*Ray did indeed sue the Health Department et.al, however his case was thrown out and he was ordered to vacate his property as a health hazard (unsure if this is exactly correct.)
*Ray sells this property on eBay, moves to Michigan and is now perhaps both the Chairman of the Libertarian Party of Michigan and a member of the Michigan Militia

Now, what is unknown, or is at least open to interpretation, is if the Health Department had the right to enter onto his property.

*Some say yes, because "line of sight" from the public road did allow the Sheriff and the Health Department to view the construction.
*Some say yes, because Indiana law does allow Health Inspectors to enter onto private property without a warrant if there is an immediate health concern.

*Some say no, because the Health Department could not ascertain specifically that the visible construction was the source of the contamination problem, regardless of "line of sight."
*Some say no, because the 4th Amendment of the US Constitution prohibits agents of the government from unreasonable search.

Funny thing...My wife is the Director of our County Health Department(yes..a dreaded bureaucrat!!). I showed her this. Her reaction was that after the first encounter with this guy that a warrant and deputy would have accompanied her on the next visit.
She has had health inspectors run into similar stuff(pig farms and such) and they are instructed by protocol to NOT get into arguments with property owners and use the appropriate legal channels to gain access.