These Inspectors Think “Open for Business” Means “No Warrant Required”
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- Опубликовано: 29 июл 2024
- Jeremy Bennett had no idea that asking an Ohio Department of Natural Resources officer to come back when his taxidermy shop was open for the season meant that he might face jail time for “denying” an inspection. Unfortunately, the courts have opened the door to this troubling disregard for property rights and facilitated warrantless inspections policies that affect a wide variety of businesses. In today’s show, we’ll discuss how this happened, how it affects ordinary Americans like Jeremy, who are just trying to earn a living, and what can be done to make things right.
Host: Melanie Hildreth
Guests: IJ Senior Attorney Rob Frommer and IJ Attorney Josh Windham
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I love how government officials can be ignorant of the law and its okay, but regular citizens can not be ignorant of the law.
Using this logic, every citizen should have the right to enter any public office and go through everything in that office, spread every paper on the floor and invert every piece of equipment to make sure nothing is hidden and everything is being done properly and constitutionally.
Do the inspectors have food handling safety licenses. leaving the meat on the floor outside of the freezer is a violation of federal USDA meat handling regulations and they should be sited for that.
Find the USDA section covering wild game. Know your jurisdictions before making claims.
@@ShainAndrews So, inspectors can enter a business and make the business's products unsafe to sell?
@@freethebirds3578 Head smack.... Education and comprehension is seriously lacking in the US. What was the opening argument?
Game animals and their process handling are not regulated by the USDA, FDA , Health Department, there are laws against their sale, but process conditions and handling are at the discretion of the person that lawfully acquired the animal.
@Free The Birds they are not legal to sell, they are the property of the customers that brought them in.
Always record your public officials! Always record police interactions!
Sad that it is necessary.
Exactly.
I saw a police interaction video the other day where someone was getting a traffic ticket and they asked if they "had to" sign the ticket when the officer asked them to sign. The police officer responded with "No. You don't HAVE to sign anything, it's totally up you." and so the guy said he wouldn't sign the ticket in that case.
The police officer merely said okay and returned to his squad car only to come back a few minutes later with a criminal misdemeanor citation for refusing to sign a traffic ticket. He said the guy "refused to sign" his ticket and he was being charged with a misdemeanor for it.
Not only did the officer mislead the driver on whether or not he was required to sign the ticket but he mischaractized the driver's actions by saying he refused to sign after the officer said it was "totally up to him". If the driver had not been recording the interaction he would've had a very hard time fighting the misdemeanor charge.
@@Strideo1 I guess the choice is mine to sign the ticket or wait in jail for the judge , sucks
@@maartenvanzoeren2310 Signing a ticket is the dumbest rule/law ever! They have the tickets wrote out to you that is enough to put in in jail if you don’t show up! So is the fine bigger if you sign the tickets then don’t show up?
@@maartenvanzoeren2310 Maybe you should work on sharpening your reading skills.
They shouldn't be allowed to go on fishing expeditions.
That attitude of the inspector of "well everyone does something wrong" means that he himself is a criminal and needs to be sent to prison.
There is more to the story, and I recall the Taxidermist on RUclips several months ago.
@@HighSpeedNoDrag I am sure there is. My point was that the inspector because they stated "well everyone does something wrong" they were self admitting to they themselves committing crimes. Projection and all that.
@@kiwiproductions4510 Understood.
Bingo he is saying he's breached his office !
The biggest problem with these "inspectors" is that they have to show that they have done their job and many seek out even the most minor infraction to put on the report. I had one inspector tell me that they didn't find anything but they still had to show that they did find something or their "boss" would assume they weren't doing their job. It is rare that any inspector including health department inspectors will show a no violation inspection on the first visit. Some of the so called "violations" are even made up.
I just leave stuff for them to find, if I cant get 100% on inspection why bother trying, but most of inspectors I have are more to help the owners comply with the state statutes.
Inspectors that are not looking to help and support the processors (meat) don't have a job for long. meat processors that refuse to comply with the statutes don't have a license for long either
Depending on the business the lowest paid employees who other coworkers treat like trash get cleaning duty. They get paid usually pretty low and they joke about it being "b!@ch work", excuse me.
This is common in many places. When you see a well cleaned area of a business know that somebody who gets paid way to low and puts up with way to much doodoo had to clean that. Eventually with time that employee is usually better at the job.. depends on the person. Work drive of each person can really differ especially with comfy tye envirment is and people are in good mood.
Good day, bad mood... complicated
I don't know. Jeremy said the first inspectors had no problem with him. Although maybe that's why they replaced the people
Years ago my husband explained to me about building inspectors on a construction site.. He said the inspector was due on-site in a couple hours.. and while they were working on other parts of project.. He told an employee to "go take off a couple of the joist hangers".. a simple metal bracket that's attached after a board has been attached to another board.. I asked him "why are you taking a couple of those off"? And he said "to give the inspector something easy to find.. so it's easy to fix later" He explained, that if it was the guy he delt with last time, he wouldn't leave until he found something wrong.. and he didn't need him demanding other, more difficult things be exposed so he could count nails or screws.. things that would waste hours.. He was right to.. guy showed up.. in 2 minutes he pointed out the missing brackets.. and husband had them back in place as soon as he left.. and called for a new inspection the next day.. County makes extra $50 or something, if you fail 1st inspection and they have to come back. But as long as you know the game.. I guess
@@meetmando ... That is how it always goes with inspectors be it a building inspector or health inspector. All it takes is for them to find and identify one thing to show they are "doing their job" even if it was a deliberate failing item just to get them out for the job site/workplace faster. They will tend to honestly miss real issues as well because they half ass the rest of the inspection once they find at least one thing.
Come back with a warrant
Id say, come back as a human, not a dictator.
As goes the old saying: "To a bureaucrat with a hammer, everything looks like a nail." And while there are many public servants who do great work, one has to wonder about those whose livelihoods depend on finding the bad guys and whether their objectivity in that pursuit may be influenced by self-interest.
It was so urgent they waited weeks to charge him, rather than on the spot on the first visit.
AH yes, the perceived power of an egotistical civil servant supported by an equally egotistical local governing body. Thank You IFJ for your support.
Egomaniacs w qualified immunity at that.
It's weird. Jeremy had a positive relationship with the former inspectors, and yet the government apparently got rid of them. I've seen this happen. The government doesn't like it when their enforcement operatives actually make friends with civilians because as I've heard from my friend Holden's dad who is an ex cop that the government views this as bad and the cops going "soft" because the civilians should fear them
How the hell does taxidermy apply as being on a list of "pervasively regulated" as an industry? And if it's simply a matter of requiring records to be kept up...why are they able to look at ANYTHING OTHER than records? This is RIDICULOUS.
The inspector should be required to inspect “only” the items on the list. Him asking “what can I help you find?” Was a direct reference to inspecting from the approved list. This inspector was not following protocol. He needs retrained.
Retrained, with a notation in his record and punitive sanctions.
Violation of basic constitutional guarantees by an officer with a sworn duty to protect and defend the constitution should carry a consequence.
Indeed, should be more like how it was when I was present for an inspection by the alcohol licence inspectors when they made a random inspection of a restaurant I part own back in the UK. As per our licence conditions we had to admit them to the public areas and also furnish for inspection any alcohol on the premises and any equipment used for the dispensing, measuring or serving thereof. Basically exactly what you would expect they get to look at things relevant to enforcing the conditions of our licence but it is not carte blanche to go anywhere and dig through anything they please. Also they still need to get a warrant in the event we were to refuse to comply with any requests although we would be guilty of an offence if we refused inspection of something we are obligated to allow by the licence. That to me is reasonable though as we assumed that burden of complying with the regulations when we applied for a licence to conduct regulated business but we did not and should not surrender all rights to unrelated property along with that.
While I've never been present for one the public health officials act in much the same way when they show up for a food hygiene inspection. They have kept their inspection to the food storage areas and any areas or equipment used for the storage, preparation, or serving of food to members of the public. Again this to me is as expected as there is a legitimate public interest in ensuring premises that serve hundred of members of the public with food every day are keeping a clean house and serving uncontaminated food as described. But once again you don't get to do whatever the hell you want unrelated to that badge or not.
Keep up the good work, IJ. We need 10 more insitutions like yours to protect citizens' rights. Better yet, the citizenry has the right and authority to override the government in such situations, but not everyone is aware of the intricate details of the law.
This whole idea of Supreme corrupt court ruling
"Its OK to skirt the constitution if something gets deemed "highly regulated""
That's a bunch of bull scat. THE only possible exception (if any) should be like a nuclear pwr plant or a chemical plant .
Something ultra hazardous (I don't see a liquor store as qualifying)
They pull the same skirting the constitution for bogus reasons so often , it's the norm & they don't think 2× when doing it.
The judicial system has failedus more than the other branches in that they rule in favor of gov over rights consistantly & they fail 4o keep other branches in check.
Or we could provide IJ with more funds to fight more cases. :)
I once encountered such an inspector. He’d quibble over every detail, seemingly finding suspicious items in every corner.
The next week was the monthly meeting of the inspector’s association. He was present. His jaw dropped when he learned I was a founding member of the chapter and a leading participant. Simply amazing how his attitude changed.
Wow! I honestly had no idea as to the extent of Fourth Amendment violations when it comes to businesses. Great information! Thank you
How is it legal for a game warden to ask for your paperwork then search you vehicle while driving in the forest.This happens every deer season in California. I didn’t give up my rights while hunting .
@@rickpetersen41 Do you have a hunting license? That is a contract with the state...a corporation. Once you make a contract with a corporation you are bound by the terms of that contract
With this sort of idea of the inspectors, anyone working from home can be intruded upon with these warrantless searches.
this, I was thinking the same thing
This is why you shoot first and ask questions later whenever something happens indoors on your own property.
Calm down dude and only use Lethal Force when warranted by State/Federal Law.
@@HighSpeedNoDrag When the government comes a knocking tyranny is afoot. Where tyranny is afoot your rights to life liberty or property are in imminent danger of harm. The only recourse to defend your inalienable rights is by defending them with every tool at your disposal. This includes stopping the threat via armed resistance.
Its not a settlement...Its a Plea Bargain which is no bargain at all.
He should have sues them in Federal Court with a
TITLE 18-242 claim and taken them to the mat.
THE UNITED STATES DEPARTMENT of JUSTICE
Home » Civil Rights Division
DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
SUMMARY:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
👏👏👏🇺🇸🇺🇸🇺🇸🇺🇸
@@HotSeat17 I believe Section 241 may also relevant.
It's all relevant. SUE THEM! Class action lawsuits and citizens arrest.
REBELLION TO TYRANTS IS OBEDIENCE TO GOD! When the state forbids what God commands, or commands what God forbids, the state is making itself supreme over God, and MUST be resisted!
“Say to those with fearful hearts, ‘Be strong, do not fear; your God will come, He will come with vengeance; with divine retribution He will come to save you.’” (Isaiah 35:4)
#1776Reset
They'll call you a sovereign citizen if you mention color of law
The real thing being 'inspected' here is self reliance. Home schooled kids, can feed himself, fend for himself. Gov't hates that stuff.
“If the greatest trick the devil ever played was convincing the world that he did not exist.” the police's was that they were there to protect and serve.
It's just that they give people police power without training them on the limits of that power. Therefore it is our own responsibility to know those limitations and enforcing those limits.
I don't know about that. The fiddle thing might be number one.
Truth in advertising would read ....to punish and enslave
@Institute for Justice, you guys got a shout out on the Lehtos Law channel yesterday. Your fans encouraged more attention to your cause. I hope this translates to increased views & financial support. We appreciate what you do!
Edit: inspectors spend more time on these small businesses than the huge, filthy mass meat processors. Those businesses go largely unchecked. I'd much rather & do, eat meat from small processors.
The small plants are state inspected, and the big plants usually fall under interstate commerce and get federal inspection. the state inspectors usually also live some what local and know a portion of the customers perhaps on first name basis. I catered a graduation BBQ for one of my inspectors once when her son graduated from high school
When they go from being an inspector to being a revenuer is the problem.
I actually watched the original video and I really believe that this inspector headed out for this guy. That’s the only reason that they would inspect him so often, so invasively, and without provocation. I would gather if this is some form of harassment against this man.
I'm always amazed at the patience displayed by the victims of this kind of calumny. If that inspector had said to me, "Everyone's guilty of something..." I would have replied, "Actually, I know that's not true, because it so happens I'm not guilty of anything. But I think you've just revealed something about yourself, haven't you? Maybe I'll acquire a new hobby: as the song went: 'Getting to know you, Getting to know all about you.'"
I like what you guys are cookin.'
Just ask him if he is ok with irs? No one is?
So, if the guy was on a vacation in Cancun and thus not available to open the business, then the inspectors could prosecute him for denying a surprise inspection?
I believe not, they would come back after the the posted one the door (if any) or if there is an employee working the inspection would proceed, if it is open for business it is open for inspection, interesting thought would be having a door that said " private" or some thing like that, if it is unlocked they don't need a warrant, they do if it is locked. Could get pretty crazy if you have your home attached to your shop
Inspectors need inspection as well, prosecutors prosecution or else corrupt law enforcers and alot of evil will keep increasing.
100% Correct! Unfortunately, with the all the non-elected "officials" acting with govt. authority via PPP's but with the virtually no accountability inherent in NGO's, we are headed toward less than serfdom or even slavery. If not stopped, those in power will continue to utilize both PPP's & NGO's (and other's) to effectively nullify ALL of our Rights (and the Constitution designed to protect them)! We, and our Rights, will be no more than "Nuisances" to be swept aside (or simply poisoned), as one would with annoying insects! You might appreciate this very eye opening 11 min. video of a city prosecutor giving a tutorial lecture to his peers as to how utilize "Nuisance As A Pretense For Civil Asset Forfeiture" ruclips.net/video/YjmJXZICNDk/видео.html
Never EVER let anyone from the Govt in unless you have cameras and as many witnesses as possible on hand. They are out to score points by nailing you, its how they get promotions and pay raises.
They are NOT your friends, they are your enemies if you don't have the right Political connections..... or a nice fat bribe for them.
@@johnwolf2829 Truth!
We are supposed to be the inspectors of them. The people that are being inspected are directly responsible and able to see what the inspector is doing. Unfortunately, our education system is failing us and we are failing each other.
@@toddnelson6907 The Govt. Education system deliberately misleads everyone it comes into contact with, prepping them to accept tyranny instead of understanding what Citizenship is and how to stand up for themselves.
we should be able to audit all government officals at least once a year, and that should include their family members also
Just thinking about this, their inspections by pulling things out of freezers might have issues of its own since it's, essentially, butchering animals for food there. Sounds like one way to fight this might be destruction of property because that could render it unfit for consumption there.
Is there any way that a competent judge would issue a warrant for "everybody's done something wrong, I just need to find it?". A blanket warrant like that is an unpleasant thought.
State Fire Marshals typically have the authority to enter any business during operating hours (without a warrant) to conduct an inspection to determine if the building or structure meets State Building and Fire Codes. We would usually enter the front door and introduce ourselves, showing our credentials, and explain the purpose of our visit. I always tried to be courteous and friendly. The Codes are there to protect people from fire when they are working or doing business in a building. You would be surprised how many places we found where people were working in a death trap using flammable products, surrounded by ignition sources. I also had to do fire scene inspections and did many body recoveries. If you saw the things I did, you would understand why Fire Marshals sometimes get upset.
Without a warrant, a business owner should be legally allowed to treat these vermin as trespassers or thieves. An "inspector" like the one harassing Jeremy is nothing more than a parasite with a government badge.
This is the same as drivers license checkpoints. If I haven't committed a traffic violation that can be proven, no one has any right to see any of my private personal information .
I had an OHSA inspector arrive at my shop to look for compliance issues. I am the only person at my shop, so I thought OSHA regs would not apply. And I would have been correct, but for the fact that I organized my business as a corporation for tax purposes. If I had been a sole proprietor, she would have turned around and walked out. But because I am a corporation, I am considered an "employee", and therefore, my business is subject to OSHA regs. Funny how a simple tax decision turns me into an OSHA regulated business.
Anyway, she told me she was inspecting, I asked if she had a warrant, and she said she could go get one, which was just a matter of a day to obtain it. In my mind, I thought that this is one person I didn't want to piss off, so I let her inspect. I could tell she was trying to help me pass the inspection by asking questions a certain way. And me, being not so dumb, picked up on those clues she was giving me and started answering in a way that she could overlook a violation. If you look at violations, they can fine you thousands for tiny infractions, like not having a guard installed. As it was, my fines only totaled a couple hundred dollars, but if she had turned the screws, I could have had thousands, if not tens of thousands, in fines. She could have literally fined me out of business.
Since then, I have thought about this very thing. She could not suspect me of violations (because there was no employee to file a complaint), so what grounds would she have to get a warrant to inspect? Clearly, refusal to give permission cannot be used as reasonable suspicion of a illegal activity. But I suppose we have allowed the regulatory state to grow so large and powerful that we must kneel at its feet or be beheaded.
I used to be a job site supervisor for a local construction company.
we had lawyers retained just for surprise OSHA visits.
I was instructed that if OSHA showed up, I was to shut the site down, refuse to allow OSHA on the property and call the lawyer.
Keep up the great work IJ!!!
Sounds like there has been no oversight of these inspectors for a long time in any appreciable way.
The guy shouldn't have even had to pay the $150. That was not an official inspection. that "inspector" should be the one doing time in jail as well as the prosecutor that allowed the charges to be filed.
Shouldn’t he have to mask, glove, gown to go into the meat processing area? In that case he needs to be stopped before he enters into those areas and put on the proper garments to protect the meat that people will be eating. The fact that he put meat on the floor and essentially ruined it makes him liable for that value, doesn’t it?
Thank you, IJ. In parallel with some of your other good work, I'm amazed that the inspector never thought to empty the till and call it "Civil Asset Forfeiture" because the shopkeeper didn't give a detailed accounting in advance for all the cash on hand in the shop.
Don't give them ideas......
Thank you for your service to justice.
What good does it do to have the government go get a warrant, when there is no accountability for lying to the court to get the warrant and judges just rubber stamp the government's warrant filings?
Before you set out on a journey of Revenge dig two graves.
One for the inspector and one for his boss
nah just dig a BIG one for multiple carcasses.
IJ is a beacon of Hope in a government and judicial system run amok!
Rangers and Wildlife officers have typically acted as they have full reign in A LOT of places. It's not just Ohio. I knew a guy who got a fine for having a Hawk feather in his hat, he found the feather on the ground in the woods and thought it was pretty.
These same administrative-type searches are being used by DEA and regular law enforcement to look at private medical patient files to see what medication patients are taking and which doctors are prescribing it. They are then throwing that information into an algorithm that uses arbitrary factors not based on science, best medical practices, or what is best for the actual patient to produce results that force doctors to stop prescribing much needed medication in spite of great risk of harm to the patient if that medication is stopped. If the doctor does not comply, he can be arrested and charged solely because of these arbitrary, unscientific factors. Would you want people other than your medical team looking at what medication you are taking? Would you want law enforcement telling your doctor not to prescribe medication that is essential to your health? The government is not allowed to practice medicine...but they are. No one should have access to private medical information without a court ordered warrant. Currently, HIPAA will not protect you from these particular medical intrusions. This needs to changes.
Wait so the US no longer has doctor patient privilege then? Wow seems you guys are further down the path to totalitarianism than I realised and I already find the US scary as a Brit that actually left the UK due to concerning moves in that direction there.
Scattering your property and making you clean it up is called "shaking you down." Everyone knows that you pay Guido the protection money if you want it to stop. Fish and game is the absolute worst. Duck hunters have spent hours on the side of the road, repacking camping gear, after the fish police couldn't find anything to ticket.
“Everyone does something illegal, we just need to find out what you did.” That sums up the attitude of all forms of law enforcement across the country. It’s the lens through which they see the world. It became that way when crime and criminal justice turned into a moneymaking venture. Once these institutions were privatized, they need to make a profit, and any decrease in crime is bad for profits. You can make more crime, but you make more laws, increase penalties, and pressure law enforcement to increase the amount of people entering the criminal justice system. Now the cop or investigator, or inspector is far less likely to use their discretion, because they have to make their numbers.
But isn't this just how exceptionally devious Gov't can be - create a regulation that violate people's constitutional rights, knowing citizens do not possess the wherewithal or resources to challenge those regs... But another example of, "Do as we say, we are the Gov't"... A creeping erosion everyone's rights.. A disturbing trend in Gov't today
this is a perfect example of abuse of power people like this have no place in government service
Exigent circumstances have been compromised by law-enforcement using it incorrectly. Law-enforcement needs to go to school way longer than six months. Because either they don’t know the law, don’t care to know the law, or just want to bend the law to suit their use at that particular moment is running rampant in this country. Mesa Arizona is a prime example.
Bypassing a posted sign saying "employees only" criminal trespass.
Ya'll hiring?
I am shocked and disappointed that Ohio DNR inspectors would treat wild game so irresponsibly. These are not just vigilant inspections, these are vindictive inspections and the inspectors should be held accountable.
Hope Jeremy had cameras on this facility?
6:20 This attitude is unfortunately what all government employees have now. Their job is to ensure compliance; at times this includes giving resources; sometimes it includes fines or more. But the way they are now, they truly think their job is to go look for and find things they can screw people over with. They might think they are doing it for revenue, which is bad enough, but in reality, it is because they have ego and power issues.
I’m very interested in how this case goes. In 2018 I was arrested at a weigh station in KY for “refusing to submit to inspection”. Aside from having no RAS to detain me all I did was refuse to operate the truck for them. So I was standing on the 5th amendment and got arrested. The video is on my channel for proof. I really just want to see the government get cut off at the knees on this.
As a truck driver myself I want to know how your case went
This is what is wrong with our justice system.
The Supreme Court makes a questionable decision (such as Terry v Ohio), and then the lower courts takes it a little bit further with every case until it becomes just stupid.
Why does IJ take all of the settlement money? post the contract
The guy was stupid to allow the inspector to go through things like that and he almost deserves his headaches
These inspectors have an exaggerated idea of their own usefulness and importance.
One other issue is the business was shut down. Does the state claim they can enter a closed business with no warrant? That leaves the door open to any inspector demanding and gaining entry to a business not doing business.
This is clearly a violation of his property rights, if there inspection is unscheduled that is one thing but they need to be able to ask for specific things only.
You folks are doing important work.
Thank you.
This is our own fault. We (voters) do not hold elected officials accountable so they have no reason whatsoever to hold employees and administrative officials accountable.
We can't hold them accountable! They obfuscated, lie, and usurp unwarranted power to hold us hostage to their corruption!
Truth.
@JJ France Oh, you're just now beginning to wonder?
Respectfully, You would be correct if all that was needed to address the issue was simply "voting them out". Unfortunately, the situation is NOT even close to that simple. Those in very high positions of power & influence have spent many years, and billions of dollars, developing and implementing very convoluted, but technically "legal" means to circumvent our Rights without any DIRECT Accountability.
For instance, the issue of warrant-less search abuse is also exploding in private, non commercial areas as well. Code Enforcement "officers" here in Phoenix are climbing up on ladders and onto vehicles so they can look over 6'-7' solid block walls looking for "Nuisance" things to cite private home owners for! ("Nuisance" ordinances are the very lowest tier of Govt. authority. ie. the "grass police") I've come to find, via FOIA requests, that they have conducted over 200 warrant-less searches, on my property alone, in the last 6 years!
In researching the issue further, it seems that this is happening all across the country! State & Local govt. agencies are using Federal funds to rename & enhance their, already multi billion dollar, "Civil Asset Forfeiture" profit making ventures, to skirt laws being enacted to stop the practices in many states. Here's an 11 min. video of a despicable (non- elected) city attorney giving a tutorial presentation to other (non-elected) city attorneys and other (non-elected) City officials on how to use "Nuisance As A Pretense For Civil Asset Forfeiture".
ruclips.net/video/YjmJXZICNDk/видео.html
The Federal funding often comes in the from of "Community Development Block Grants" (CDBG's), which are used, in part, to fund "Community Oriented Policing Services" (COPS) programs, where the State & Local govt agencies "PARTNER" with non-elected & ,consequentially, UNACCOUNTABLE, "Non-Governmental Organizations" (NGO's) in what are called "Public/Private Partnerships" or PPP's.
It doesn't take much investigation into the C.O.P.S. programs to determine their intent is to "Police" our "Communities" (including our private homes and property) like they "police" the public streets, roads, & highways, only with COMPLETE IMPUNITY, under the authority granted through their "PARTNERSHIP" (PPP) with the Govt., & also NO ACCOUNTABILITY , as a "NON-GOVERNMENT ORGANIZATION" (NGO) isn't elected therefore, there is NO ONE to "VOTE OUT"!
As scary as this is, it is NOTHING when one realizes that this is ONLY ONE EXAMPLE! There are literally THOUSANDS of PPP's and NGO's across the country! They have been embedded at ALL LEVELS of our govt.!
Our ENTIRE NATION & way of life will be destroyed and ALL of our Constitutionally protected Rights are AS GOOD AS NON-EXISTENT, if we do not do something to eradicate the plague of these NGO's & PPP's VERY soon!
If we do not stop them, we will be LESS THAN SLAVES! We, and our Rights, will be relegated to mere "NUISANCES" to those in power, to be swatted aside, like annoying insects, to guarantee THEIR every DESIRE and WHIM is afforded THEM, at OUR EXPENSE!
Imagine thinking your vote makes a difference. Ah to be so blissfully ignorant.
The state has no qualms regulating and prosecuting private businesses but willing to turn a blind eye if a local government violates the same state regulations.
A particular Florida town failed to submit and pay fees for state asbestos abatement permits for town property despite the requirement noted on the city building permits (and the city listed the wrong address of the building on their own permit). In addition, the town has failed to permit multiple emergency power generators and pay fees to the state regulators. But the state rarely follows up on such discrepancies against local governments. Verified by specific public record requests to town and state agencies.
Good and honest judges do not Grant warrants for fishing expeditions, they never should and never will and they never have, good and honest judges. The reason is in a warrant you have to specifically say what you're looking for you can't say looking for General violations you just can't do that. But you guys know this I'm not telling anything tails out of school.
When it comes to fish and game related things, we serfs and enforcement officers have been conditioned to believe that the authorities have carte blanche in anything pertaining to wildlife. The long held false belief that game wardens have ultimate lawful authority for warrantless searches came into play here. Law enforcement got bent. Business owner gets hounded. Our Game Officers here play fair. Glad when they do get pirates and poachers. It usually isn't just one little thing one gets caught doing.
Melanie, yet another well conducted interview. Thank you and thank you, IJ.
I find it amazing that the victim got into trouble for asking to reschedule an inspection which appeared to be granted.
If a law is clearly unconstitutional, and one that is the polar opposite of the 6th amendment like this one, doesn't that mean it is a nullity? If so why do I have to obey a nullity?
Man Jeremy just sounds like a hard working family man everyone should strive to be. Its a shame some government employee has caused him and his family so much grief over nothing. You guys did a great job on this and you have earned a sub from me. I look forward to looking through the catalog of the stories available.
This is the case of an official with a bit of power that has gone to his head. He needs to be fired.
Remember the Wichita Kansas inspector who had a bad reputation for being uptight?
You remember the BTK Killer
It is an arrogance by the wildlife officials in every state.
First, to IJ, thanks so much for all that you do... that cannot be overstated. And, this is such a great topic/concern.
I'm curious about this discussion relating to the restaurant/food service industries, particularly to small businesses. My impression is that at least in some jurisdictions, these define warrantless, surprise inspections must have a big impact on them.
If they are serving food, the public expects spot checks. The inspection requirements should not be politically or personally motivated. I have been involved in personal disputes where the state inspectors were tipped off to illegal activity, and they knew it was retaliatory. They were cool and didn't shut us down.
This. Look at all the regulations and inspections it takes to run a pharmacy.
They believe open for business means you are forced to do business with THEM
People think our local LE are bad! Research state fish and game you will be mortified when you find how much they violate peoples rights.
In a lot of jurisdictions there is a clause on the bottom of a business granting the "Inspector" access "at will".
THE UNITED STATES DEPARTMENT of JUSTICE
Home » Civil Rights Division
DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
SUMMARY:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
The main thing i see here is that an inspector isn't law enforcement.
Disgusting that this wildlife official created this issue! Even his own words of "Everyone does something unlawful" we just have to find it!! He needs to have an unfortunate accident!! This kind of action and words makes people in any of these professions; highly confrontational in breaking Constitutional Rights and Laws!! I hope he wins a major Lawsuit against this individual and the any department related to these egregious actions!! Disgusting!! 😧👎
This would be a godsend to the 2nd Amendment. Please, save firearms manufacturers, licensees and dealers. Text, History and Tradition with a dash of 4th Amendment...
You guys are great. Thank you for what you do.
I love how smart and thorough attorney's are!
Beria said "show me the man, and I will show you the crime"!
Liquor has historically been "highly regulated" not for safety, but really for taxation purposes. Liquor taxation is a large source of revenue to the government. They have a vested interest in making sure that all liquor produced is accounted for so that it can be taxed.
shows that if the government is out to get you, they WILL get you.
And there's basically nothing you can do about it.
If they're required to have a warrant, they create a system where there's a judge somewhere (or probably even just a computer/AI justice these days) who will rubberstamp anything put before him.
Wet ink signature. Shows a human with a pen signed the warrant. That says the signer takes responsibility. Without the PEN SIGNATURE warrant is not valid.
Life,Liberty and the pursuit of happiness as long as you buy permission. Licenses and permits are the problem. You are agreeing to comply with the whims of another and agree to pay the price if you don't go along.
Jeremy did not realize that the new inspector was requiring Jeremy to hand over that manilla envelope on the sly with five hundred bucks in it to make everything okay and for the inspector to go away until next time he shows for the next manilla envelope pickup at the time of the next inspection. And some oral servicing of the inspector along with lots of ball licking.
Been following this case for a long time. There was a huge change in law enforcement, and the courts in the 80's. Was like somebody cracked a glass barrier and the multitude of hairline cracks allowed the government to seep into so many nuanced areas of its citizens lives. In my opinion it has remained largely unchecked for over 30 years.
100% agree! The City of Phoenix tried twice in the 80's to get the voters to voluntarily pass a city wide "Code Enforcement" (grass police) bill. The voters overwhelmingly voted against the bills both times! A couple years later the City Council, determined to gain more intrusive power and a new source of income, directly voted to "ADOPT" equivalent "Ordinances", circumventing the, twice asserted, desires of the residents!
Fast fwd. to today, Code Enforcement "officers" now climb on ladders & on top of their vehicles to look over 6'-7' solid block fences in search of "Nuisance" violations. They sneak around doing this and wont give straight answers to questions, even when you catch them in the act! Case in point, I only managed to catch them skulking in my ally & looking over my fence 5 times. They refused to give me any straight answers as to specifics they were concerned with or what they considered a "Reasonable expectation of privacy" for private property! Well it took several FOIA requests to find out, but it turns out they'd illegally conducted over 200 warrant-less searches, of my property alone, just in the last 6 years!! City wide that number has to be in the millions!! Also come to find out they are actively working to get the dept. a DRONE, to "Enhance COMPLIANCE efforts"!!! PARASITES running A MUCK!!
But we keep lying to ourselves that this is the land of the free and do very little to put those "authorities" on their places.
@@olugo999 Very difficult to do without violence, when dealing with "authorities" that are non-elected and unaccountable.
Its understandable for the food industry to be under this standard but seasonal taxidermy is a stretch.
what if there is nobody there to unlock the door? can a wildlife inspector batter the door down? the owner could leave by the back door leaving the door of the business locked. the owner could just wander off to go to the bathroom and don't come back, leaving the door of the business locked
Those who try to hold government officials responsible and investigate allegations of government abuse are themselves abused and even jailed. This is the role of the citizen journalist who has become, in the eyes of the government, sovereign citizens. We are threatened, jailed, and put on lists that are used to retaliate against us. Laws are being forged to prevent "certain citizens" from entering public areas of public buildings with a camera or prevented from obtaining public records. I have been denied records, been battered, and threatened with arrest from the West Palm Beach city hall. I have been trespassed and assaulted by Charlotte County and Punta Gorda Police. The Marion County Sheriff had me trespassed for obtaining records at a county Mental Health facility. I found out that I am on a State law enforcement list for publishing stories that paint law enforcement in a bad light.
100% Hear you on that! Those in very high positions of power & influence have spent many years, and billions of dollars, developing and implementing very convoluted, but technically "legal" means to circumvent our Rights without any DIRECT Accountability.
For instance, the issue of warrant-less search abuse is also exploding in private, non commercial areas as well. Code Enforcement "officers" here in Phoenix are climbing up on ladders and onto vehicles so they can look over 6'-7' solid block walls looking for "Nuisance" things to cite private home owners for! ("Nuisance" ordinances are the very lowest tier of Govt. authority. ie. the "grass police") I've only managed to catch them in the act on 4 occasions and they refuse to give any straight answers to questions. For example, it took several FOIA requests, but come to find out that they have conducted over 200 warrant-less searches, on my property alone, in the last 6 years!
In researching the issue further, it seems that this is happening all across the country! Among other reasons, it seems, State & Local govt. agencies are using Federal funds to rename & enhance their, already multi billion dollar, "Civil Asset Forfeiture" profit making ventures, to skirt laws being enacted to stop C.A.F. (specifically named) practices in many states. Here's an 11 min. video, you might appreciate, of a despicable (non- elected) city attorney giving a tutorial presentation to other (non-elected) city attorneys and other (non-elected) City officials on how to use "Nuisance As A Pretense For Civil Asset Forfeiture".
ruclips.net/video/YjmJXZICNDk/видео.html
The Federal funding often comes in the from of "Community Development Block Grants" (CDBG's), which are used, in part, to fund "Community Oriented Policing Services" (COPS) programs, where the State & Local govt agencies "PARTNER" with non-elected & ,consequentially, UNACCOUNTABLE, "Non-Governmental Organizations" (NGO's) in what are called "Public/Private Partnerships" or PPP's.
It doesn't take much investigation into the C.O.P.S. programs to determine their intent is to "Police" our "Communities" (including our private homes and property) like they "police" the public streets, roads, & highways, only with COMPLETE IMPUNITY, under the authority granted through their "PARTNERSHIP" (PPP) with the Govt., & also NO ACCOUNTABILITY , as a "NON-GOVERNMENT ORGANIZATION" (NGO) isn't elected therefore, there is NO ONE to "VOTE OUT"!
As scary as this is, it is NOTHING when one realizes that this is ONLY ONE EXAMPLE! There are literally THOUSANDS of PPP's and NGO's across the country! They have been embedded at ALL LEVELS of our govt.!
Our ENTIRE NATION & way of life will be destroyed and ALL of our Constitutionally protected Rights are AS GOOD AS NON-EXISTENT, if we do not do something to eradicate the plague of these NGO's & PPP's VERY soon!
If we do not stop them, we will be LESS THAN SLAVES! We, and our Rights, will be relegated to mere "NUISANCES" to those in power, to be swatted aside, like annoying insects, to guarantee THEIR every DESIRE and WHIM is afforded THEM, at OUR EXPENSE!
Good luck to you in your efforts Brother!
K.
@@Killianwsh These are the contingencies that were written into our constitution by the wise founders. The almost nonexistent second amendment in conjunction with our decrepit first amendment was intended for "MEN" to take back liberty from a tyrannical government. The illegal gun acts, Terry v Ohio, and qualified immunity decisions gave overreaching authority to a totalitarian government that is almost destroyed liberty. The judiciary will never bite the hand that feeds it. Civil disobedience is the only answer!
@@DrShawnBerry Indeed.
Isn't this an example of a situation where the appropriate process is something akin to a civil administrative warrant? Even if they find some violation, how does this not end up violating the person's rights within a private structure/fixture upon real property? The 4th amendment doesn't include a "regulatory exigence" clause that makes it okay to use regulatory authority in contravention of the supreme law of the land. That isn't even considering the implications of other explicit rights like, for example, there being no allowance for the deprivation of rights or property without due process. What about other issues? What liability falls upon the regulated entity for a private nuiscense that injures the trespassing government worker? What implications for castle doctrine might come into play? What about the excessive fine induced by damaging or destroying the frozen foodstuffs? Also, if there is a criminal consequence it becomes even more unlawful. A government agent attempting to civilly regulate is entirely incompatiable with a criminal context, as once you begin collecting evidence with an intent to build a criminal case upon the request of a state agent then you also become a state agent. You can't use a civil enforcement action to circumvent the right to privacy that is most strongly implicated in a criminal context. If you are doing something on behalf of law enforcement then you are subject to the same warrant requirements as the underlying state agent who induced you to act on behalf of the government. If a cop hired a burglar to steal evidence from your house the burglar would still need a warrant to make the stolen evidence admissible. If the State's Attorney induces regulatory agencies to make searches for use in a criminal case with the intent to avoid the need for the scrutiny of a magistrate with regard to the warrant then they are only creating fruit of the poisonous tree.
I can understand a warrantless inspection under certain circumstances. A food processing business such as an abattoir, butcher, restaurant, bakery etc, needs to meet certain health code regulations and if an inspection date and time is known, they could do a massive clean up and slack off at other times. As for the inspector taking meat out of the freezer and just leavingon the floor allowing to to thaw is uncalled for. That is not the property of the subject of the search. It is the property of the customer and therefore the inspector is destroying private property without any lawful reason or warrant.
I worked at 7-11, tbe boss was on vacation son was in charge. Weights and measures walked in, without saying a word walks up to the scale. Acting boss asked who are you, and got no answer, so the inspector was thrown out. He wanked last years certification as he walked out
If it's just about documentation then the inspects should be limited to documents, and potentially animal carcasses delimited therein, not some broad fishing expedition.
I remember seeing a shorter video about this case a year or more ago. I'm glad that something is happening. Vague laws need to either be settled or overturned. I hope justice happens here and these vague laws are removed or changed sufficiently.
Great breakdown and analysis! Thank you! Best wishes.
U.S. Supreme Court
HALE v. HENKEL, 201 U.S. 43 (1906)
If, whenever an officer or employee of a corporation were summoned before a grand jury as a witness he could refuse to produce the books and documents of such corporation, upon the ground that they would incriminate the corporation itself, it would result in the failure of a large number of cases where the illegal combination was determinable only upon the examination of such papers. Conceding that the witness was an officer of the corporation under investigation, and that he was entitled to assert the rights of corporation with respect to the production of its books and papers, we are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the state. The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.
Upon the other hand, the corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the state and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to [201 U.S. 43, 75] act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that a state, having chartered a corporation to make use of certain franchises, could not, in the exercise of its sovereignty, inquire how these franchises had been employed, and whether they had been abused, and demand the production of the corporate books and papers for that purpose. The defense amounts to this: That an officer of a corporation which is charged with a criminal violation of the statute, may plead the criminality of such corporation as a refusal to produce its books. To state this proposition is to answer it. While an individual may lawfully refuse to answer incriminating questions unless protected by an immunity statute, it does not follow that a corporation, vested with special privileges and franchises, may refuse to show its hand when charged with an abuse of such privileges.