Colin Ault

[Giggling Gannon @GigglingGanon]

Deputy enters property through a locked gate and no warrant. Gets schooled on tresspass laws and booted off the property.

When law enforcement mistakes an
​In Kalispell, Montana, a Flathead County Sheriff’s deputy identifying himself only as "Deputy Mark", bypassed a chained, closed gate onto private property under the premise of investigating an abandoned Ford Expedition parked down near a local school.

The deputy claimed he was conducting a welfare check to locate an individual named Eli Tully.
​The immediate issue? Had the deputy conducted basic due diligence before stepping foot past a locked perimeter, he would have known Tully had already been arrested two weeks prior and was actively sitting inside the Flathead County Detention Center on assault charges.

​When property owner Jacob Norris stepped out to address the intrusion, he immediately answered the deputy's primary question by confirming Tully was already in the county jail. He also questioned the deputy on how he got in thus getting the deputy to admit that the gate was locked with a chain.

Norris then did what every citizen has the constitutional right to do: he exercised his Fifth Amendment right to remain silent and repeatedly ordered the deputy to vacate his private property.

​Under the Fourth Amendment and Montana trespass law, any implied license for an officer to conduct a warrantless knock-and-talk vanishes the moment the property owner revokes consent.

Instead of walking back to his cruiser, the deputy’s ego took over. Viewing the invocation of basic rights as defiance rather than the law of the land, he refused to leave, walked over to question a neighbor on the property, and brazenly stated:
​"I'll leave when I'm done."

​That statement encapsulates an alarming mentality where an officer believes personal convenience and authority supersede the private property rights of the public. To make matters worse, after escalating the encounter and demonstrating clear contempt for a citizen standing on firm legal ground, the deputy refused to provide his full name or badge number before driving off.

There are no records I can find if Jacob filed a formal complaint or lawsuit against the sheriff department based on the incident.

​Know your rights, remain calm, and never let an official convince you that following the Constitution is optional.