To my layman's reading, this decision is the Indiana version of US v Black. My favorite, and oft-quoted passage, from that ruling:
Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states.
Mother of Pearl, they cited Prouse!!!
So, why do we need to have the LTCH now?
Kinda sorta.
Carrying a handgun in Indiana is a default criminal status.
Regardless, this is an enormous win. Someone call Jim Lucas first thing tomorrow!
Indeed. Cops started out doing the right thing, but got sideways. Now there's a map for how to do this.But the proper exercise of authority does not determine the constitutionality of a suspect’s detention or the propriety of the evidence seized.
I think they learned something from the Barnes fiasco.Every judge agreed? If I read that correctly, I'm surprised.
Kinda sorta.
Carrying a handgun in Indiana is a default criminal status.
Regardless, this is an enormous win. Someone call Jim Lucas first thing tomorrow!
...
He's already been partying on Facebook.
As I argued above, I don't think it has been a default criminal status since the big revisions back circa 2012 or so. I guess you could say is a default criminal status in the same way that driving a vehicle is since that is the exact analogy used by the court. I was surprised and pleased that they noted that the license requirement is nothing more than a regulatory scheme.Kinda sorta.
Carrying a handgun in Indiana is a default criminal status.
Regardless, this is an enormous win. Someone call Jim Lucas first thing tomorrow!
A win, for sure...but let's not get over our skies.
They question will be what plus the gun gets you PC? They didn't say the gun was excluded from the PC discussion, only that carrying a gun alone was not enough.
What...you guys don't read the new decisions every day?
As I argued above, I don't think it has been a default criminal status since the big revisions back circa 2012 or so. I guess you could say is a default criminal status in the same way that driving a vehicle is since that is the exact analogy used by the court. I was surprised and pleased that they noted that the license requirement is nothing more than a regulatory scheme.
I'm pretty sure this will end up being Rucker's last authored opinion.
Huh? Details please?
Kinda sorta.
Carrying a handgun in Indiana is a default criminal status.
Regardless, this is an enormous win. Someone call Jim Lucas first thing tomorrow!
AND it is a constitutional right (A1.S32)
that's the "conflict" as (as I see it) that I mentioned elsewhere. As you note this is a strong case to do away w/ said conflict. cheers!
Didn't the appeals court decision - now as-affirmed by the Indiana supreme court - state that mere possession of a handgun could not be assumed to be criminal, absent other evidence of criminality?
I brought up our victory to an instructor at IvyTech tonight who is a career LE. He explained that he is a great writer and all he has to articulate is, "...suspect was acting suspiciously..." and VOILA! Pinner case law sidestepped.
How easy or difficult will this potential dodge work?
Doug