
04/26/12, 10:00 AM
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Join Date: Mar 2004
Location: Idaho
Posts: 2,986
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Standing Up to the Feds
Not sure where this belongs, but I was kind of fascinated by a couple storires I heard that happened locally involving the federal government.
I know of a business in our area who had a visit from a federal agency inquiring about where his water drained. He advised the agent that he was in compliance with state requirements which were at considerable expense. The agent advised him that he was not in federal compliance and got snippy, so the business owner asked him to leave, which he did. Later, the business owner contacted the local sheriff who met with the federal agency and made it clear that he would arrest anyone who trespassed on private land.
Another business willingly allowed a similar federal agency free reign to his property and was essentially forced into going out of business due to the all the updates he was suppoedly required to make to be in federal compliance.
In any case. the sheriff insists that a federal agency must have a warrant to come onto your property without your permission, but most people buckle when they see a federal badge.
Supposedly, federal agents from these types of agencies (EPA, etc.) have been successful onece in about 75 years in getting a search warrant from one of our local judges.
I was a bit confused since I assumed that any violation of federal law would be handled in federal court by federal judges, but maybe I am wrong here.
Anyway, I think it's important that we know and understand our rights. Law enforcement officers need to get warrants to search without permission except under specific circumstances and they must show a judge probable cause that a law is being violated.
In the case of the first story, there is no way other than somehow showing the water from his business was draining improperly. This probably would be almost impossible without trespassing.
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