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  #1  
Old 04/26/12, 10:00 AM
 
Join Date: Mar 2004
Location: Idaho
Posts: 2,986
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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  #2  
Old 04/26/12, 11:21 AM
wy_white_wolf's Avatar
Just howling at the moon
 
Join Date: Oct 2004
Location: Wyoming
Posts: 5,530
This is one to be careful doing.

If you have had to obtain any kind of license or permit you may have signed that right away.

If you pay for workmans comp. ins. on anyone you have agreed to allow there inspectors on any worksite he may be to inspect the working conditions.

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  #3  
Old 04/26/12, 11:31 AM
 
Join Date: Mar 2004
Location: Idaho
Posts: 2,986
There is probably a fine line there...in these cases, no employee complained. It was simply a random contact.

I can tell you if someone shows at my door flashing a badge and wants to chek on something, the answer is , "I would be happy to comply with a lawful search warrant. Goodbye."
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  #4  
Old 04/26/12, 01:30 PM
 
Join Date: Jun 2007
Location: TN
Posts: 3,326
Lol all I though of when I read the title of the thread is that it surely drew a few people's attention today
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  #5  
Old 04/26/12, 05:34 PM
 
Join Date: May 2011
Location: SW Missouri
Posts: 8,009
Years ago I chased down an IRS agent, and made him go back to my business and apologize to my wife/secretary, who was in tears. We'd moved into the building about a month previous, and our business sign was on the building. Even with that, he burst in thinking he was talking to the previous occupant, and demanded $7000 payment right then or he would lien our bank account and sieze our accounts receivable. He finally figured out he was in the wrong place, and without even a goodbye left.

I came back to the office, found out why she was hysterical, and caught him about 6 blocks away. Thinking back on it, what was I thinking? Threatening a federal agent? I got lucky I guess.
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  #6  
Old 04/26/12, 08:27 PM
 
Join Date: Oct 2006
Location: Arkansas
Posts: 10,940
used to have trouble with the park rangers they though they owned more than the park. I said OK if you want to enforce the law everywhere I will call you instead of the Sheriff and complained if they don't come every time I called. They backed down and I won my case from them. They were going to arrest me for shooting on my own property that is 1/10 a mile from the park. Oh buy the way I called the State Police in on it and they tole them to mind their own business.
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