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Bay St. Louis business owner accuses city official of trespassing
http://www.sunherald.com/2015/01/08/6007907_bay-st-louis-business-owner-accuses.html?rh=1
By WES MULLER wmuller@sunherald.com Twitter: WesleyMullerSH
January 8, 2015
BAY ST. LOUIS -- A business owner filed trespassing charges against city Building Department employee Greg Favre last week, accusing him of forcibly entering his business without permission.
Aaron Whitney, who owns an auto sales business on Reece Street, complained of the incident to the City Council in December. He eventually filed charges against Favre in Municipal Court, Mayor Les Fillingame said.
Whitney said he also plans to file a complaint with the U.S. Department of Justice.
He told the council Favre and Building Official Charles Oliver went to his business about 11:30 a.m. Oct. 3. No one was there at the time.
Favre then pushed the door open, entered and searched the building in an effort to investigate possible zoning violations regarding automotive work, Whitney said, while Oliver reportedly remained outside.
Whitney told the council his business has never violated any zoning ordinances.
He confronted Favre about the incident, at which point Favre told him the search was done with a police officer present, Whitney said.
"I didn't give him authority to go inside the business," Police Chief Mike DeNardo told the council. "No officer went over there with him."
DeNardo said Whitney later informed him of the alleged intrusion, prompting a formal investigation that led to a report drafted by officers.
DeNardo said the investigation resulted with conflicting stories coming from both sides.
Mayor Les Fillingame said Favre was under the impression he had authorization to search the building, and City Attorney Donald Rafferty said Favre had no intent to commit a crime.
Whitney believes Favre did not enter his business to steal anything, but he feels his constitutional right of protection from unlawful search and seizure was violated, he said.
The police department prompted the building department to conduct an inspection of Whitney's business after officers became suspicious of people working on vehicles there late at night, the mayor said.
Favre could not be reached for comment at the Building Department.
http://www.sunherald.com/2015/01/08/6007907_bay-st-louis-business-owner-accuses.html?rh=1
By WES MULLER wmuller@sunherald.com Twitter: WesleyMullerSH
January 8, 2015
BAY ST. LOUIS -- A business owner filed trespassing charges against city Building Department employee Greg Favre last week, accusing him of forcibly entering his business without permission.
Aaron Whitney, who owns an auto sales business on Reece Street, complained of the incident to the City Council in December. He eventually filed charges against Favre in Municipal Court, Mayor Les Fillingame said.
Whitney said he also plans to file a complaint with the U.S. Department of Justice.
He told the council Favre and Building Official Charles Oliver went to his business about 11:30 a.m. Oct. 3. No one was there at the time.
Favre then pushed the door open, entered and searched the building in an effort to investigate possible zoning violations regarding automotive work, Whitney said, while Oliver reportedly remained outside.
Whitney told the council his business has never violated any zoning ordinances.
He confronted Favre about the incident, at which point Favre told him the search was done with a police officer present, Whitney said.
"I didn't give him authority to go inside the business," Police Chief Mike DeNardo told the council. "No officer went over there with him."
DeNardo said Whitney later informed him of the alleged intrusion, prompting a formal investigation that led to a report drafted by officers.
DeNardo said the investigation resulted with conflicting stories coming from both sides.
Mayor Les Fillingame said Favre was under the impression he had authorization to search the building, and City Attorney Donald Rafferty said Favre had no intent to commit a crime.
Whitney believes Favre did not enter his business to steal anything, but he feels his constitutional right of protection from unlawful search and seizure was violated, he said.
The police department prompted the building department to conduct an inspection of Whitney's business after officers became suspicious of people working on vehicles there late at night, the mayor said.
Favre could not be reached for comment at the Building Department.