Court of Appeals smacks DNR

[T.Lex]

http://www.in.gov/judiciary/opinions/pdf/08311102ebb.pdf

Summary:
DNR officers doing their fishing-license check of a couple people on the shore. They see one guy put something in his duffel bag. Get the fishing licenses, which check out valid, and ask what's in the bag. "Fishing gear." They get consent (mostly) to look in that, and find another bag. Same question, same answer, but DNR officer has a hunch and asks the guy to take the marijuana out. So, he does.

Trial court said illegal search, and the Court of Appeals agreed.

Looks like the 4th Am. is still mostly alive.

Notwithstanding some otherwise troubling statutory powers given to the DNR officers.

(Note: I give props to the officer for being right. He is probably a good cop. But, he has to know when to stop. Or reach some other resolution like, "Dude, throw the pot in the river and ya'all can get back to fishin.")

 

[Cheapdiesel]

then the DNR could bust him for littering

 

[T.Lex]

heh heh

Maybe, but my point was that there were other options on how to handle the situation, even if he did screw up the legal part.

 

[Garb]

If they gave him consent, the fourth amendment no longer applies. You can waive your rights.

 

[Hammerhead]

then the DNR could bust him for littering

Can you litter a plant? Any plant? Apple cores, orange peels, grass clippings?

 

[iChokePeople]

If they gave him consent, the fourth amendment no longer applies. You can waive your rights.

Well... your summary's not really very accurate as to what really happened. Wasn't really like "May I search your bag?", "Yes, officer..."

 

[jgreiner]

then the DNR could bust him for littering

Pot is organic...hence bio-degradable....

 

[Amattern]

Pot is organic...hence bio-degradable....

But the plastic bag it is in isn't.

 

[Westside]

http://www.in.gov/judiciary/opinions/pdf/08311102ebb.pdf

Summary:
DNR officers doing their fishing-license check of a couple people on the shore. They see one guy put something in his duffel bag. Get the fishing licenses, which check out valid, and ask what's in the bag. "Fishing gear." They get consent (mostly) to look in that, and find another bag. Same question, same answer, but DNR officer has a hunch and asks the guy to take the marijuana out. So, he does.

Trial court said illegal search, and the Court of Appeals agreed.

Looks like the 4th Am. is still mostly alive.

Notwithstanding some otherwise troubling statutory powers given to the DNR officers.

(Note: I give props to the officer for being right. He is probably a good cop. But, he has to know when to stop. Or reach some other resolution like, "Dude, throw the pot in the river and ya'all can get back to fishin.")

then the DNR could bust him for littering

Littering and smoking the reefer.

 

[Freedom_Bound]

The Indiana Appellate Courts are very liberal, so I would like to review all the facts of the case.

 

[eldirector]

I assume the "probable cause" was the fact they kept saying "duuuuuude" and had eaten all of their bait?

 

[T.Lex]

On the issue of the Court of Appeals' "liberalness" - IMHO that is too broad. Some members are on that side of the spectrum, sure. And, I have certainly complained professionally about their decisions over the years that then had to be corrected by the Ind. Supreme Court.

But, I also have to admit that, over the last few years, they have gotten things right more than they have in the 10 years before that. In fact, on 4th Am. issues, they are getting it right FAR more often than not.

All of that is IMHO, of course.