The text appears to be a transcript of an episode from a podcast or video series titled "Audit the Audits". The episode discusses a police interaction with a private property owner, Jacob Norris, in Kalispell, Montana.
The episode begins with an introduction and a sponsorship announcement for Skillshare, an online learning platform. The host then delves into the main topic, which is a Fourth Amendment issue involving a deputy from the Flathead County Sheriff's Office named Mark.
Mark approached Norris's private residence to inquire about an individual named Eli Tully, who was arrested and currently in jail. The deputy was interested in a white Ford Expedition parked at the school, which belonged to Eli. The property owner, Jacob Norris, met the deputy outside and confirmed that the car belonged to Eli.
The interaction between Mark and Norris escalated when Mark entered the property through a gate secured with a chain, which might have violated the Fourth Amendment's ban on unreasonable searches. The episode discusses the legal aspects of this situation, including the Supreme Court's interpretation of the Fourth Amendment and the Montana code's stance on trespassing.
The episode concludes with a critique of Mark's conduct, stating that he failed to respect Norris's rights and property. The host commends Norris for his calm demeanor and professionalism throughout the interaction, and encourages viewers to support the podcast's channel.
1. The episode covers the Fourth Amendment, private property, and officer trespassing.
2. The episode is brought to viewers by Nikki Norris's Channel.
3. The episode features a sponsor, Skillshare, an online learning community with thousands of classes.
4. The episode is set in Flathead County, Montana, and features a deputy from the Flathead County Sheriff's Office.
5. The deputy is investigating an individual named Eli Tully who was arrested on October 10, 2020, and is being held in the Flathead County Detention Center.
6. The deputy is contacting the property owner, Jacob Norris, about a white Ford Expedition parked at a school.
7. The deputy entered the property through a gate secured with a chain, which might have violated the Fourth Amendment ban on unreasonable searches.
8. The Supreme Court determined in the 1984 case of Oliver versus United States that the same protection does not extend to Open Fields, and warrantless government intrusion upon Open Fields is not considered an unreasonable search.
9. The Supreme Court defined four factors to determine whether the property police officers enter is considered cartilage or an open field in the 1987 case of United States versus Dunn.
10. Deputy Mark's actions were not unreasonable given the highly fact-specific analysis that is necessary to determine whether the police may enter a locked gate.
11. Jacob Norris asked Deputy Mark to leave his property, which is well within his rights to do under the knock and talk Doctrine.
12. The Supreme Court also looked at this issue in the 2011 case of Kentucky versus King, where the Court held that when law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do.
13. Jacob Norris requested Deputy Mark to leave his property, but Deputy Mark refused to leave until he was done with his investigation.
14. Section 45-6-203 of the Montana code states that a person commits the offense of criminal trespass if the person knowingly enters or remains unlawfully in or upon the premises of another.
15. The Supreme Court of Montana determined in the 2020 case of city of Bozeman versus Lair that all indications are that the posting requirements for land and private land in the legislation were intended to obligate a landowner to clearly communicate a closure of raw or unoccupied land that recreationalists may seek to access.
16. Jacob Norris's locked gate would likely be considered trespassing, although it is difficult to predict with any level of certainty without more information about the nature and location of the gate and the lock.
17. Deputy Mark gets an F for entering private property without a warrant or exigent circumstances, refusing to leave the property after being told to do so by the property owner, and for becoming angry at Mr Norris for invoking his right to remain silent.
18. Mr Norris gets an A plus because he remained calm and collected throughout the entirety of this encounter, invoked his rights peacefully and respectfully, and challenged the legitimacy of the deputy's conduct without becoming rude or hostile.