Is a Bldg inspector a policeman?

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Can anything you say be used against you? If so, why don't they advise you of your rights? the 5th amendment.
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In article

To greatly oversimplify things, inspectors don't enforce criminal laws but mainly rules and regulations. To greatly oversimplify things even further, criminal laws are usually those where they can deprive you of liberty... ie send your scrawny butt to jail. Inspectors usually can stop construction and do other things to make your life miserable, but can't send you to jail for not having the proper rated fire doors. Even when they could you send you to jail (when you get frustrated and take a swing at them-grin), they will need to get a cop. They can't do that on their own...
So, the 5th amendment doesn't apply here.
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They only have to advise you of your rights if they are arresting you.
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You don't say anything to the building inspectors. It is their job to inspect the building. If they do ask you anything about the building you simply play dumb and answer that you don't know .
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They are Aholes.
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Karma Ghia wrote:

The answer to your question varies a lot from place to place. Most building inspectors cannot exercise the power of arrest except for that available to any citizen. In a way that can make them more dangerous to you because the Miranda decision may not apply to the questions that they ask. -- Tom Horne
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wrote:

Even the police don't have to advise you of your rights unless they suspect you of committing a crime. When they are at the stage where they suspect everyone, or where they have no special reason to think you did it, you're not a "suspect".
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mm wrote:

You are almost as stupid as the OP.
Try to Google ( you can find Google, can't you?) Miranda v. Arizona.
Read Miranda v. Arizona. (You can read can't you?)
Try to understand the concept of "custody".
Here's a hint: "Custody" has nothing to do with "suspect"
.
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jJim McLaughlin wrote in message ...

Arizona.
Did I see you on COPS? Were you the one using the nightstick on the petty thief? :-)
Cheri
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what's wrong with that?
--
Steve Barker




"Cheri" <gserviceatinreachdotcom> wrote in message
  Click to see the full signature.
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Steve Barker wrote in message ...

Nothing. I think a cane would have worked just as well. ;-)
Cheri
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jJim McLaughlin wrote:

There's a lot of misinformation about the Miranda warning and I see you're doing your part to spread it.
Cops never HAVE to give a Miranda warning. The only consequence of not giving a Miranda warning is that anything the subject says cannot be used against him. This prohibitioni also includes the "fruit of the posioned tree" concept. If an un-Mirandized suspect tells the cops where the gun is hidden, the gun cannot be used against the suspect either (in most cases - if the gun would have been found anyway, the gun can be used).
Further, only government employees are burdened by having to give the Miranda warning. Non-cops, if they ask and learn something from the suspect, can repeat what they heard to the authorities. These "non-cops" include medical workers at a hospital, by-standers at the crime scene, or even other criminals.
As to "suspect," the OP was correct. If the focus of an investigation converges on a single individual AND if the cops intend to use anything said by this single individual, they MUST Mirandize the "suspect" before asking him anything new.
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wrote:

Authorities do not Mirandize during wire taps and covert recordings.
After the Miranda decision, Mr Miranda was later arrested again and given his Miranda Rights by the arresting Officer.
-- Oren
"My doctor says I have a malformed public-duty gland and a natural deficiency in moral fiber, and that I am therefore excused from saving Universes."
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HeyBub wrote:

Dud, I spent more than 25 years actively practiing ctriminal law in federal courts. I never noticed you there.
I have some exeriece with the subject.
You, obviously, don't.
You have no idea what no what you are talking aout.
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On Sat, 24 Feb 2007 13:26:35 -0800, jJim McLaughlin

Are you the Public Defender; always asking the Client to plea out?

Like I said in another post; you. might misspell my Brief.
-- Oren
"My doctor says I have a malformed public-duty gland and a natural deficiency in moral fiber, and that I am therefore excused from saving Universes."
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I presume the thrust of the original question is not so much whether the inspector can arrest you for code violations but rather what the consequences are of the inspector noticing evidence of criminal activity (not just code violations).
If your computer conks out and you take it to Best Buy to have the Geek Squad fix it and the guy finds your cache of kiddie porn on the hard drive and calls the cops you're going down and no claim of warrantless search is going to help because you voluntarily took the machine in. But if the building inspector visits your place and he sees your grow room filled with pot plants is it different because he's an agent of government and can demand admission under some rule of building code law yet doesn't have a warrant to be conducting a criminal search? I imagine he's not obligated to ignore what he sees and he can give police info leading to a full fledged search. No violation of expectations of privacy.
Now then if in the meantime you destroy every molecule of contraband and the only evidence of the crime is his testimony (let's say he's a BI only part time and he's also a PhD in botany and can testify as an expert that what he saw was pot) then I don't know.
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I would guess he could, under the clear view doctorine if nothing else. If he enters a building under a legal reason (to do an inspection of your newly finished basement for instance) and you happen to have your "garden" already set-up in the area he is inspecting, then he can tell anyone he wants to about it and it would be legal for the cops to use the information to get the warrants they need. Also the warrant has to be for a CRIMINAL search. As long as he sees (or smells or ...) something during the regular course of his or her business, then the cops can act on it no matter if he is an agent of government. He has to be an AGENT of the cops (a good example is a utility worker who, at the behest of the cops, asks to enter a building to make sure the gas is okay) for there to be problems. If the cops put him up to it, he is an agent of the cops and everything they get is fruit of the poisoned tree, to coin a phrase. However, if the same person enters the same house because there is an actual concern about the gas and sees exactly the same thing, it can be used legally.
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On Fri, 23 Feb 2007 21:48:02 -0800, jJim McLaughlin

No, in this context, they are related. If you want me to read some part of Miranda post the url and tell me what paragraph(s).
Otherwise, take some Pepto-Bismal. Then read Bub's post.
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mm wrote:

Not my job to do your homework sonny.

Dub's post is as stupid as Dub.
Having spent more than 25 years practicing criminal law in federal courts, I know a lot moore about the subject than Dud.
Or you.
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On Sat, 24 Feb 2007 13:22:50 -0800, jJim McLaughlin

Based on this - Your Fired. You might misspell my brief pending before the court?
Have you ever seen a convict? Up close? You can tell me.
-- Oren
"My doctor says I have a malformed public-duty gland and a natural deficiency in moral fiber, and that I am therefore excused from saving Universes."
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