Indiana Sheriff Don Hartman Sr. is delighted. Under Barnes vs. Indiana he can now conduct random house-to-house searches when ever he thinks it necessary. No warrant needed. Not necessarily even a knock before kicking in your door.
His use of "necessary" marks a third and new standard of what cops must do before putting you on the floor of your living room. We already had probable cause and the weaker reasonable suspicion. To that we now add the sherf's hunch.
You'll recall the new Indiana Supreme Court decision forbids you to resist if the police decide to invade your home, even the police are doing so illegally.
Sheriff Hartman says he's on firm political ground because "...people will welcome random searches if it means capturing a criminal." The Hell of it is, he may be as much right as wrong. The Fourth Amendment is not a popular discussion item at your average American lunch counter.
N.B. -- Hoosiers in Hartman's Newton County jurisdiction who care to comment should disagree with me, loudly and firmly. Sheriff Hartman may well be one of armed Only Ones who think criticizing NKVD-style jurisprudence is criminally anti-social. That might move him to pay you a call about 3. a.m. Just on a hunch, y'know.
May 18, 2011
May 17, 2011
Cab carry
Between Two Rivers is following a Cedar Rapids story about letting taxi drivers carry weapons. It and the links are worth the read, especially if you like to ponder a city council wondering if it ought to obey state law.
Cedar Rapids uses its power to regulate city cabs to forbid drivers to arm themselves. Never mind the broad state pre-emption law.
One of Stranded's links include this:
(Councilman Justin) Shields suggested that a proposed amendment to the current city taxi ordinance would allow drivers and passengers to carry firearms in cabs if they were legally licensed to carry a firearm.
Huh? A CCW holder may not enter a cab if he's carrying? This may be a simple slip by Shields or the reporter. On the other hand, you run across a lot of dimwittery among local pols.
Cedar Rapids uses its power to regulate city cabs to forbid drivers to arm themselves. Never mind the broad state pre-emption law.
One of Stranded's links include this:
(Councilman Justin) Shields suggested that a proposed amendment to the current city taxi ordinance would allow drivers and passengers to carry firearms in cabs if they were legally licensed to carry a firearm.
Huh? A CCW holder may not enter a cab if he's carrying? This may be a simple slip by Shields or the reporter. On the other hand, you run across a lot of dimwittery among local pols.
Getting lost with great precision
For several years a GPS-generated 911 map misplaced my home and kingdom about seven miles, plopping it in Mrs. VanFookstra's soybean field. No big problem. It might have even thrown off a few pests wanting to cold-call me for 20-pay-life or a surefire way of getting St. Peter to punch my ticket.
It was worse for the Canadian couple who decided to trust their GPS gizmo to get themselves to Jackpot, Nevada.
The cops found Rita about seven weeks later, drinking from a creek and wondering how long the last bag of trail mix would last. They're still looking for Albert.
As a public service TMR renews certain of its motoring suggestions: Consult a good paper map. When in doubt ask ol' Zeke at the Conoco station. Look out the damn window once in a while.
It was worse for the Canadian couple who decided to trust their GPS gizmo to get themselves to Jackpot, Nevada.
The cops found Rita about seven weeks later, drinking from a creek and wondering how long the last bag of trail mix would last. They're still looking for Albert.
As a public service TMR renews certain of its motoring suggestions: Consult a good paper map. When in doubt ask ol' Zeke at the Conoco station. Look out the damn window once in a while.
May 16, 2011
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