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The case,Thomas Pinner v. State,revolved around Pinners arrest after dropping a handgun while exiting a taxi outside a movie theater.The taxi driver claimed the sight of the gun made him fear he was going to be robbed.

The Indiana Supreme Courts (ISCs) opinion explains that Pinner is a black male who was with a black female. The opinion describes that officers Jason Palmer and George Stewart arrived at the movie theater to find Pinner sitting on a bench:

The officers approached the seated Pinner with Officer Palmer standing on one side and Officer Stewart was standing on the other side[.] Officer Palmer introduced himself and informed Pinner that they had received a call that someone of [his] description . . . has a handgun on him. Officer Palmer then asked Pinner if he possessed a weapon. Pinner paused for a few seconds during which he was kind of a little rocking back and forth [wringing] his hands. Although hesitant to answer, he denied having a weapon. Officer Palmer then instructed Pinner to stand up and keep his hands up where they could be seen; Pinner complied and Officer Palmer saw the butt of a gun in Pinners front pocket. Officer Palmer secured the weapon and detained Pinner for further investigation.

Pinner was subsequentlyarrested and charged with class A misdemeanor carrying a handgun without a license enhanced to a level 5 felony due to a prior felony conviction. During trial, he sought to suppress the discovery of the gun by contending the search and seizure were conducted in violation of both the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution. A trial court denied Pinners petition, and an Appeals Court handed down a divided opinion.

The ISC observed:

At the time the officers approached, Pinner was seated alone on a bench with a wall behind him. Both officers were in full uniform and stood in front of himone flanked on either side. Although nervous, Pinner made no furtive or suspicious movements, nor did he reach for the weapon; and he made no attempt to flee. The officers introduced themselves, immediately stated that they were searching for a man with a handgun, and asked whether Pinner was in possession of such a weapon. When Pinner answered negatively, Officer Palmer directed him to stand up and keep his hands up high. Assuming for the sake of argument that on these facts Pinner was free to disregard the questions and walk away, the encounter quickly shifted from a supposed consensual encounter to an investigative stop. And such a stop is permissible if, based upon specific, articulable facts, the officer has reasonable suspicion that criminal activity may be afoot.

The court added, Assuming without deciding the tip from the taxicab driver was reliable, the threshold question is whether the mere allegation that Pinner possessed a handgunwithout moreis sufficient to establish that Pinner [wa]s, or [wa]s about to be, engaged in criminal activity.' The court then ruled that the mere possession of a handgun was not sufficientto establish that Pinner was engaged in criminal activity.

ISC issued a conclusion thatmakes clear that the privacy protections of the Fourth Amendment cover those exercising Second Amendment rights, too. The opinion said, We conclude the evidence [against Pinner] was obtained in violation of the Fourth Amendment and thus the trial court erred in denying the Defendants motion to suppress. We therefore reverse the judgment of the trial court and remand this cause for further proceedings.

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com.

Originally posted here:
Indiana Supreme Court: 2nd Amendment Rights Protected by 4th Amendment - Breitbart News

Rome:An Italian prosecutor is investigating some members of humanitarian organisations rescuing migrants in the Mediterranean Sea on suspicion they may have cooperated with people smugglers.

AmbrogioCartosio, chief prosecutor of the western Sicilian city ofTrapani, told a parliamentary committee in Rome on Wednesday that the organisations themselves were not a target of the inquiry.

Suspicions arose because some rescue crew seemed to know in advance where to find the flimsy boats crowded with migrants after smugglers sent them off from north African ports, he said.

Migrant arrivals to Italy by sea are up almost 40 per cent this year over the same period in 2016, and more than a half-million people have come in the past three years. Some Italian politicians have begun saying the non-governmental organisations (NGOs) run a "taxi" service bringing migrants to Italy.

"We understand that NGOs made some rescues at sea without informing the Coast Guard,"Cartosiosaid. Italy's Coast Guard is in charge of coordinating all rescues in international waters off the shores of Libya.

The prosecutor gave no further details. By law, information regarding ongoing probes must be kept secret. Aid groups have strongly denied any ties to human traffickers.

NGO boats operating off the coast of Libya have come in for criticism in Italy in recent months after the prosecutor in Catania, on Sicily's east coast, opened a fact-finding probe into possible ties between NGOs and Libya-based traffickers.

Catania prosecutorCarmeloZuccarohas not opened a criminal probe because he says he has no evidence of actual collusion between human traffickers and rescue boat crews, although he does maintain the two sides have been in telephone contact.

But political parties including 5-Star Movement - Italy's most popular according to polls - have seized onZuccaro'scomments as proof of an NGO "taxi" service for migrants.

Cartosiosaid he had no evidence of phone contacts between NGOs and smugglers or of payments by traffickers to NGOs, another accusationZuccarois looking into.

"I agree 100 per cent with the work of the NGOs, even if their work saves only one human life,"Cartosiosaid.

News of the investigation comes asLibyancoastguard turned a woodenboat with nearly 500 migrantson board back to Tripoliafter warning off a NGO ship.

Footage filmed by Sea-Watch, a non-governmental organisation, showed a Libyan coastguard vessel coming within metres of its own ship as it sped to stop the migrants.

Tripoli coastguard spokesmanAyoubQassemaccused the NGO og hindering the coastguard's work.

"An international rescue organisation called Sea-Watch tried to hinder the work of our coastguard ... in a bid to take the migrants, claiming Libya is not safe for migrants," he said.

Qassemsaid the coastguard had also exchanged fire with smugglers, but gave no details.

RubenNeugebauer, a spokesman for Sea-Watch, said the NGO had received instruction from Italy's coastguard control centre in Rome that the Libyan coastguard would be taking over "on-scene command", and that the Sea-Watch ship had stopped to await further instructions.

"Without any warning, they crossed our bow on the way to the migrant boat,"Neugebauersaid. "They made an extremely dangerous manoeuvre. They nearly hit our boat, they endangered our crew."

Libya is the main departure point for migrants hoping to reach Europe by sea. The country has been in turmoil for years and migrants living there or passing through say they are subject to a range of abuses.

Separately, Italian police in the southern city of Bari said on Wednesday they arrested five people who allegedly organised passage to other European countries for African migrants rescued in the Mediterranean. Police are still hunting for 10 others.

Reuters

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Migrant crisis: Italy investigates rescue workers while Libya turns back boat - The Sydney Morning Herald

Europe

18:02 11.05.2017(updated 18:07 11.05.2017) Get short URL

STOCKHOLM (Sputnik) Earlier inthe day, the Council ofthe European Union allowed Austria, Germany, Denmark, Sweden and Norway toextend their internal border checks bysix months.

"I have no doubt that border control measures, alongsidetightening ofimmigration policy implemented bythe government, have a preventive impact onthe flow ofmigrants, which still stands atlow and therefore manageable level," Integration Minister Inger Stojberg was quoted assaying inthe press release.

Amid a major influx ofmigrants toEurope, the number ofindividuals who applied forasylum inDenmark in2015 exceeded 21,000. In response tothe migrant crisis, Denmark, aswell assome other EU countries, toughened its migration laws and temporarily reinstated border controls.

REUTERS/ Asger Ladefoged/Scanpix Denmark/Files

Europe has faced an unprecedented influx ofundocumented migrants fromthe Middle East and North Africa, fleeing their home countries toescape violence and poverty. Many migrants arrive bysea tothe shores ofmaritime states and try tomove further towealthier European countries, such asthe United Kingdom, Germany and Sweden.

See original here:
Migrant Crisis: Denmark Prolongs Control Measures on Border With ... - Sputnik International

Lennox Lake was having the time of his life on Saturday. The six-year-old had tagged along with his mom and dad on a road trip to central California.

Lennox had been such a good boy, his parents decided to treat him to a surprise stop at Disneyland the happiest place on Earth.

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On the way drive back home to San Ysidro, the Lakes treated their good little boy with one final treat - a frosty milkshake from In-N-Out. They were just a block from their home. But they never made it.

Police say the Lakes were hit by an alleged drunk driver a man identified as a Mexican national a man living in our country illegally. Immigration and Customs Enforcement tells Fox 5 in San Diego the suspect had been deported 15 times over the past 15 years.

Constantino Banda-Acosta is accused of slamming his pickup truck into the passengers side of the Lake familys Honda Accord. And then, he fled the scene.

Benjamin and Ingrid Lake suffered minor injuries, but Lennox was gravely injured. He was bleeding from his nostrils and his ears.

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The San Diego Tribune reported that the child was unconscious, not breathing.

Benjamin Lake tells me his son has had two surgeries and doctors are cautiously optimistic the child will fully recover.

Hes a fighter, Ben said. Really my strength comes from Lennox and seeing him fight so hard. I want to do everything possible for him.

Ben and Ingrid have been taking turns sleeping on a couch in the hospital room 24 hours a day.

We dont want to leave his side, Ben told me.

In the meantime, family members have launched a GoFundMe page to help cover medical bills and other expenses.

The San Diego Tribune reports the suspect is being held on $100,000 bail. Banda-Acosta faces a number of charges including felony hit and run, drunken driving and driving without a valid license.

Its hard not to be angry the fact that this is like the 15th time hes had a run-in with the police, Ben told me. Its angering. There is something wrong with the system where this guy can keep coming back.

The Lake family has every right to be angry furious.

Hes hurting people and somehow he keeps coming back it doesnt make any sense, he said.

San Diegos mayor says they are not a sanctuary city but the Lake family feels otherwise.

Its hard not to feel that way after this happened, Ben said. Before all of this I was indifferent, but I definitely dont support sanctuary cities.

I hope you will pray for Lennox and his family and I hope you will support their GoFundMe page. They could use a helping hand.

But I also urge you to call your elected leaders and demand they take immediate action to secure the border and rid our nation of the scourge of illegals.

How many more six-year-old children must be injured by illegal aliens before Washington, D.C. takes action? How many more families must be terrorized by the invaders?

California lawmakers are considering legislation to become a sanctuary state. The legislation would, in effect, provide refuge for illegals like the one who nearly killed Lennox Lake.

Let me be clear: sanctuary cities may provide a safe haven for illegals, but they create a living hell for the rest of us.

Todd Starnes is host of Fox News & Commentary. His latest book is The Deplorables Guide to Making America Great Again. Follow him on Twitter @ToddStarnes and find him on Facebook.

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Dad on deported illegal immigrant who injured son: 'He keeps coming back' - Fox News

After years of surging immigration from Central America, law enforcement in Texas Rio Grande Valley are finally seeing some relief, thanks in part to President Trumps strong rhetoric.

Words matter, said Christopher Sabatini, an expert in Latin American affairs at Columbia University in New York City.The rhetoric has mattered. There is a sense of fear that immigrant families, without legal status, without papers are going to be sent back down.

That fear prompted a dramatic change in behavior among illegal immigrants that few predicted. For three years, a flood of unaccompanied children, women and families made the hazardous trek north from Hondurans, El Salvador and Guatemala, through Mexico to the U.S. Border. Now they are not coming.

Were at a trickle, said Chris Cabrera, with the National Border Council. It hasnt stopped but its slowed considerably that were at a point where we have empty cells now.

SESSIONS: BORDER CROSSINGS DOWN 60 PERCENT DUE TO 'TRUMP'S STRONG LEADERSHIP'

That added bed space is allowing Immigration and Customs Enforcement to hold immigrants longer. Previously, Central American immigrants turned themselves in, claimed asylum and were released.

In most cases, the Obama Administration accommodated the claim by placing the applicant on a court docket with a two- to three-year waiting list. In the meantime, most illegal immigrants were free to work while living with relatives. Some set down roots by getting married or having American-born children.

President Trump promised to end that catch and release policy, saying anyone who illegally crosses the border will be detained until they are removed out of our country.

Apparently that message got through thousands of miles away.

Since January, we have seen a significant decrease in traffic to the point were averaging about 150 alien apprehensions a day, down from as many as 1,000 a day, according to Deputy Chief Raul Ortiz of the Rio Grande Border Patrol Sector. A big part of the decrease, I think, has to do with a lot of the discussion about the buildup of infrastructure on the southwest border,more agents along the border and some of the message making its way down to those host countries.

DHS' KELLY DEFENDS MORE ICE, BORDER HIRES; SAYS ILLEGAL IMMIGRANTS MUST BE 'DEALT WITH'

And with traffic down,more enforcement means higher smuggling costs, detained immigrants tell the Border Patrol.

If you think that you are not going to be able to stay with relatives, you are not going to spend $8 to $9,000 to cross just to get caught and sent back, said Border Patrol agent Marlene Castro while overlooking the once busy Rio Grande.

Border Patrol numbers tell the story. Since the election, apprehensions have fallen every month, from 15,000 families and unaccompanied minors in November to just over 1,000 today.

Cabrera believes media reports surrounding ICE arrests, the proposed wall and the presidents vows to enforce the law scared many illegal immigrants into staying home.

The media has a big say in what happens, he said. They put that out there and people come or dont come, depending on what they say.

The same holds true, he said, of President Obama. Though his administration also vowed to deport most illegal immigrants and even produced an expensive ad campaign in Central America urging residents to stay home, the headlines told a different story of immigrants getting temporary amnesty and freedom from custody for those claiming asylum. By contrast, President Trump hasnt actually done much.

Without any real concrete changes in policies, without any real tightening of the border wall, without any of the $1.5 billion worth of increased funding yet for Homeland Security and the border guard, we are seeing the numbers that it is having an effect on peoples calculation of the risk of crossing the border illegally, said Sabatini.

The administration has elaborate plans to strengthen both the border and the court system to diminish the pull factors in illegal immigration.

So far, the Department of Justice has reassigned 25 judges from the interior to the border to help streamline the process and keep immigrants in custody until their asylum claims are completed.

Read the original here:
Trump's tough immigration rhetoric slows illegal border crossings: 'We're at a trickle' - Fox News