Posted on 05/20/2011 11:08:50 AM PDT by Michael Barnes
ROWN POINT, Ind. According to Newton County Sheriff, Don Hartman Sr., random house to house searches are now possible and could be helpful following the Barnes v. STATE of INDIANA Supreme Court ruling issued on May 12th, 2011. When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal. Speaking under the condition of anonymity, a local city Police Chief with 30 years experience in law enforcement directly contradicted the Newton County Sheriffs blatant disregard for privacy & liberty, stating that as an American first, such an action is unconscionable and that his allegiance is to the Indiana and federal Constitutions respectively. However, he also concurred that the ruling does now allow for police to randomly search homes should a department be under order by state or federal officials or under a departments own accord. At this time we are still awaiting comments from several state offices. However, the spokesperson for the INDIANA ATTORNEY GENERAL took umbrage at what he referred to as large assumptions regarding police power and at this time has no comment. He did however indicate that should the INDIANA Attorney General, Greg Zoeller feel it necessary to make a statement, that this reporter would be included in the distribution of the release.
I have heard of cases where the prosecutor tries to circumvent the “fruit of the poison tree” defense by pleading that the “technicality” or “minor mistake” of the officer should not allow all the obviously illegal stuff they eventually found be thrown out.
They have had success, and, putting these two cases together eviscerates the 4th amendment. Check out some of the “Good faith” exceptions, or see where totally illegally found stuff CAN still be used against you, here:
http://www.lexisnexis.com/lawschool/study/outlines/html/crimpro/crimpro07.htm
Ron Reale
realetybytes.com
It gets worse - check the Facebook post from Bricker as to why she doesn’t have any of this on tape - completely flippant. I guess Bricker has never heard that extraordinary charges require extraordinary evidence - and she doens’t have jack in that department - but sure is milking the controversy she generated for all it is worth.
In looking at the facebook page demanding the sherrif be removed, all I can say is Bricker is a real nasty drama queen and shows all the hallmarks of someone who has completely warped what the sherrif said to pimp herself.
Okay, I won't/can't sue your butt if you intrude into my domicile (without a warrant, probable cause or in a clear and obvious 'hot pursuit') but I will shoot your arse if you take on my right to defend my family and property.
Trust me...things happen in the heat of the moment here in Texas.
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