How come so many people want to shoot me? Am I not the most lovable guy known to those who have met me?
I was warned that in the data collection phase, there had been some incidents in Newbury that warranted sending in a new face. For about two months I traversed that township doing the review, visiting every home (almost like Santa Claus, but no presents, and I stayed far from the chimneys). Everyone I met was either friendly or neutral, with the exception of one fellow last week who firmly insisted that I had to leave his property (he was having a war with Zoning, and anything that looked like Official Business was unwelcome). That I could live with -- the aerial photos are good enough that you do NOT want to be sunbathing when the plane flies over!
Yesterday I finished Newbury. Today I started in on the south side of Bainbridge. Things were going smoothly. I pulled into one driveway on Pettibone Road, where the sign on the garage said, "If you can read this, you are in range." I've seen plenty of those. Most of the people who post that sign are friendly as long as you knock on the door. I had a pleasant chat with the lady who answered the door -- I had to get out because her house had a deck on the back that was not on the tax card sketch -- and then drove to the next driveway.
It was one of those houses like any other house. Piece of cake. There were, however, some strange signs posted on the house. Nothing threatening, but sort of nutty. I didn't need to leave the car. I jotted a few notes on the tax card, turned around, and drove to the next house.
I was about a half mile away, maybe a half hour later, when my phone rang. It was Nedra, at the office, abrupt and hurried, "When you get to such-and-such address on Pettibone Road, do not pull into the driveway."
"I've already been there."
She sounded worried. "Don't go back, not even to turn around or do any paperwork."
"I don't plan to go back. I don't need to go back."
"The owner called and said you were trespassing on his property. He said that if you pulled into his driveway again, he would shoot you."
"I didn't even see him. All I did was pull into the driveway, take some notes, turn around, and leave." (My practice is to get out and introduce myself if anyone appears at a window or door).
"Well, don't go back. He obviously saw the signs on the car, because he knew where to call."
An hour or so later I decided to drive to McDonalds for a cup of coffee. As I passed his house, the man was at the mailbox getting his mail. He gave me a strange look as I went by. Must have left his gun at the house.
Somehow guys like that worry me a little. The fellow in Parkman who tried to chase me off his neighbor's property, threatened to call the Sheriff, and told the Sheriff's dispatcher that he should have shot me, did not seem like a real threat. He was loud and visible, and obviously his threat was in the past tense -- "I should have…". Same thing for the old farmer in Huntsburg; it came out in the course of conversation, and I took it as a joke. Somebody who would hide inside a house threatening future action is a different flavor fruitcake.
I just hope nobody else with a black car pulls into his driveway to turn around.
Maybe I need a light bar to make the car more distinct. Low profile amber lights. That would be fun. As it is, people hit their brakes when they see me sitting in a driveway.
Come to think of it, some of the Sheriff's cruisers, like the one that pulled up behind me yesterday as I sat on the roadside shuffling paper (flashers ON!) and turned on his lights before he saw the side of the car, are small and look similar to my car -- but we do have different color signage (they have gold, I have red, white, and blue) on the sides. (Bainbridge police cruisers are bigger and have white signage).
And I think that Mr. Hospitality can expect a visit from one of those black cars sometime soon. if he hasn't had one already.***FOOTNOTE***
I wrote this last Friday, and delayed publishing it because I was uncertain what follow-up actions had been taken. I've been told a police report was filed, so its a public record now. I've also been told that the incident report shows the irate caller had a limited vocabulary but no speech impediment with respect to the "ph" sound. Anyway, the pen is mightier than the sword, and I carry a 0.7 mm semi-automatic pencil …
Look Out for Morty!
11 years ago
Pencils don't count - you need a pen. I've got a variety of sizes, styles and colors if you would care to contact me.... my favorite is extra-fine point with spring action retraction and triangular grip.
ReplyDeleteMichelle
Had an auditor come to our door when we lived in Copley. I told him if he wanted inside the house he would need a signed search warrant (4th amendment). He went away and I never heard anything again. I hate to break it to you, but I lean more toward supporting the guy with the gun defending his castle from the prying government...
ReplyDeletehp
Hansen, how do you defend your castle against Google Street View? or Med-Evac chopper pilots looking down as they fly over? Would you shoot a visitor who knocked at your door before finding out whether he needed help or was lost?
ReplyDeleteWhat people do not realize ( or perhaps more to the point, refuse to think about ) is that only the government holds title to land in fee simple absolute. We hold our property in fee simple -- fee refers to the concept of fealty -- based on the truth that every square inch of this country was bought with blood; the blood of American soldiers/militia as the land was taken from and defended against the original inhabitants. You only hold title to that land as long as the government stands behind that title. You surrender absolute title to the land to the government in exchange for the police powers which protect your ownership.
If anyone would come to your door and request entry to your "castle", you have 4th Amendment rights to require that a court issue a warrant first, specifically setting out which items the person is to be searching for. If a deputized official were to come to your door and say that he would like to look in your back yard because there was a search on for a dangerous escaped convict, would you shoot him instead? Would you tell him that he could not look in your back yard without a warrant? He has the right, by law, to enter onto any land, without warrant, to carry out his duties, because 4th Amendment rights do not protect against those things that are publicly visible.
[That is where authorities are trampling rights in trying to restrict recording of events that happen in public. It cuts both ways. If you see the cops at the doughnut shop for half an hour, or sleeping in the cruiser, film away, bruthah!]
We do NOT ask to enter the home. We are instructed to refuse to enter if we are invited. People who want an interior examination of their home are instructed to call the office and set up an appointment. If they tell me to leave their property, I leave without argument, even though I am a county deputy and could not only insist on staying, but with a single call, get a sheriff's escort to make sure I was not hindered. I do not push the point -- this job is a politically sensitive one, and I am not there to make waves.
The flip side of this is that when I look at a home, and cannot make out any details of exterior condition -- dogs loose in the yard, driveway chained, etc -- I am required to record my assumption about the condition. This obviously affects the CAMA estimate of value, and then, if the homeowner wants to dispute the condition, he/she needs to file for Board of Review and provide documentation of their claim.
You know me, and you know my position with regard to the 4th Amendment. I think that part of the problem is that the vast majority of American citizens have never taken the Oath of Allegiance to the Constitution. The other part of the problem is obviously those who have taken the Oath and either do not know what the Constitution means, or simply do not care, and it is a serious part because it appears that many elected and appointed officials and public employees are in that category.
I have no problem with Google maps or satellites taking photos of my property....from the CURB or from SPACE. However, I am reasonable if somebody politely comes to the door and knocks. (Unless they are selling magazines or overpriced chocolates or other such nonsense.)
ReplyDeleteEffects are legally described as a persons property. Land is property. The 4th ammendment extends to land. As a deputy, you have the right to record anything that can be visibly seen from a public right-of-way, or a neighboring property to which you have been granted access. If there is a fence on the property, or a no trespassing sign, you MUST obtain a warrant to enter the premises to perform your search. The open air is considered a public right-of-way, so air photos and street view photos are perfectly legitimate means for acquiring your information. I personally believe that land granted in fee simple (feudal allegiance owed to a superior) is a de-facto grant of a title of nobility. The only constitutional way to transfer land is by allodial title.
ReplyDeleteHowever, the 5th Amendment establishes that the government may take the property upon just compensation. The fact remains that all land in the US was either Crown Grant (and ceded to the US at the Treaty of Paris) or purchased/conquered by the US and then distributed. The only place in the US today where allodial can be obtained is in Nevada; it requires payment of a bond that is calculated on the estimated remaining life of the titleholder. When the titleholder dies, the allodial title is extinguished unless the heirs reapply and pay a recalculated bond amount. All it does is free the titleholder from paying property taxes, which the State Treasurer must pay, using the bond money.
ReplyDeleteAs to trespass, O.R.C. extends "privilege" to deputies and agents of the County.
If the government wants to enter my house to appraise it, but would rather purchase it from me to do so (amendment 5) than obtain a due cause induced search warrant (amendment 4), then I suppose they can have at it. Either way, they cannot legally enter my home without doing one of the above. I can choose to be "reasonable" and answer my door for them at my own discretion, or I can yell through my door to get off my property if I want to be a jerk or protect my rights. (There isn't an amendment that prohibits an individual from being a jerk.)
ReplyDeleteSomehow the boogey-man seems to have captured your imagination. The gummint would rather not either search your house nor buy it. In fact, they would rather appraise it without even seeing it, since they could collect more taxes that way. The only reason somebody has to go out and actually look is to avoid lawsuits regarding over-valuation.
ReplyDeleteThe O.R.C. CANNOT override the 4th ammendment. A specific refusal of an unwarranted search REQUIRES that a warrant be obtained. Again, it's really moot since it's usually in the homeowners best interest to allow the valuation, and elected officials have no interest in alienating voters. I'm sure an overly aggressive appraiser won't long retain his employment. I just disagree with the idea that any official has the right to enter without observing due process. The "privilege" you are referring to can only be used by deputies and agents in hot pursuit or with probable cause based on visible evidence.
ReplyDeleteThe Webels do need to refer to your earlier statement that you are specifically required to REFUSE to enter a persons home, even if invited.
As to allodial title, I realize that my opinion is not currently recognized by the courts. That doesn't render it any less valid.
There. You hit it. "... against unreasonable searches ..." which is where the "plain sight" rule gets its validity. FYI, see ORC 5713.01 (B) and (G) specifically.
ReplyDelete