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Thread: Indiana Court of Appeals Gets It Right!

  1. #1
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    Hooray!!!!

    Just to toot my own horn, I've been harping for ages thatjust because aperson is armed does not make him dangerous for the purposes ofa Terry patdown search and weapon seizure.The Indiana Court of Appeals thinks so, too:

    "...prior to the search for the handgun, Officer Reynolds did not express any concerns for officer safety. He had initiated a traffic stop on Washington because one of Washington’s headlights was not working. Officer Reynolds approached the driver’s side of the car to speak with Washington. As a matter of his own practice, the officer inquired as to whether Washington had any weapons or guns in the car, and Washington replied that he had a handgun, which was located underneath the driver’s seat. Washington also informed Officer Reynolds that he had a valid permit for the handgun. Although Washington admitted that a handgun was present inside of the car, he was at all times totally cooperative with Officer Reynolds..."

    "...At the time he searched for the handgun, Officer Reynolds had no information that any crime or violation of law had been or was about to be committed, except for the inoperable headlight infraction. Further, at the suppression hearing, Officer Reynolds did not testify that he had any specific concern for officer safety during his traffic stop of Washington..."

    "...we conclude that in the absence of an articulable basis that either there was a legitimate concern for officer safety or a belief that a crime had been or was being committed, the search of Washington’s car for a handgun was not justified. Here, because neither of these conditions was satisfied, the search was illegal, and the trial court should have suppressed the evidence."



    http://www.state.in.us/judiciary/opi...3041001jsk.pdf
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  2. #2
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    Edit to Add: I found out about it at the link below,a great website to stay up to date on 4th Amendment (search and seizure) rulings.

    http://www.fourthamendment.com/blog/

    PS: Don't read the website for the first time untilyou are prepared to lose some sleep. What the courts are often sayingis a bit depressing.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
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    Thank God!

    The Indiana Appeals Court DID get it right!


    It is about time...

  4. #4
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    i live closer to South Bend then any major town in MI. And here's another reason to visit! Luckily MI has already made a similar decision.

  5. #5
    Regular Member Repeater's Avatar
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    Citizen wrote:
    Edit to Add: I found out about it at the link below,a great website to stay up to date on 4th Amendment (search and seizure) rulings.

    http://www.fourthamendment.com/blog/

    PS: Don't read the website for the first time untilyou are prepared to lose some sleep. What the courts are often sayingis a bit depressing.
    Hah, pingback!

    Seems John Wesley Hall reads this blog.

  6. #6
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    Repeater wrote:
    Citizen wrote:
    Edit to Add: I found out about it at the link below,a great website to stay up to date on 4th Amendment (search and seizure) rulings.

    http://www.fourthamendment.com/blog/

    PS: Don't read the website for the first time untilyou are prepared to lose some sleep. What the courts are often sayingis a bit depressing.
    Hah, pingback!

    Seems John Wesley Hall reads this blog.
    I'm honored.

    I can't say enough about that website. I've learned quite a bit. I check it every day, sometimes twice a day.

    Although Mr. Hall may read this forum, I'm guessing his blog software notified him that someone had linked to his blog, and then he checked it out. I have no idea how the software works, just that it exists. Maybe it only activates when a reader on this forum clicks on the link at this end. I'm sure the tech wizards know more about how it works.

    Nonetheless, if you really want to see where the judicial branch is taking us, just check that blog regularly and readthe author'ssummaries and excerpts.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  7. #7
    Regular Member Repeater's Avatar
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    Post imported post

    Citizen wrote:
    Repeater wrote:
    Citizen wrote:
    Edit to Add: I found out about it at the link below,a great website to stay up to date on 4th Amendment (search and seizure) rulings.

    http://www.fourthamendment.com/blog/

    PS: Don't read the website for the first time untilyou are prepared to lose some sleep. What the courts are often sayingis a bit depressing.
    Hah, pingback!

    Seems John Wesley Hall reads this blog.
    I'm honored.

    I can't say enough about that website. I've learned quite a bit. I check it every day, sometimes twice a day.

    Although Mr. Hall may read this forum, I'm guessing his blog software notified him that someone had linked to his blog, and then he checked it out. I have no idea how the software works, just that it exists. Maybe it only activates when a reader on this forum clicks on the link at this end. I'm sure the tech wizards know more about how it works.

    Nonetheless, if you really want to see where the judicial branch is taking us, just check that blog regularly and readthe author'ssummaries and excerpts.
    Wouldn't you agree the legal reasoning for this opinion should apply to Virginia and other states as well?

  8. #8
    Regular Member Motofixxer's Avatar
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    Just another example why you should only roll your window down 3-4" then if you exit your vehicle, take keys and lock it on your way out. That way they can't just open your door and climb in sniffing around. We have to proactively enforce our rights.
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