William Jordan
05-30-2005, 09:58 PM
I was surfing the net tonight and I came across the story titled "Bounty Hunters within rights (http://www.hsconnect.com/news/story/0528202005_new01news052805.asp)", which is from one of my local newspapers. Here is the link to the story.
WAY TO GO!!!!
Good luck all,
Bill
<HR>
Saturday, May 28, 2005 — Time: 11:58:36 PM EST
Bounty hunters within rights
STEUBENVILLE - A defendant who was tackled and searched by two bounty hunters in Mingo Junction tried to have crack cocaine evidence withheld from trial, claiming it was a violation of his constitutional rights.
Daniel J. McShan, 27, of 571 S. Fourth St. was indicted by the Jefferson County grand jury on single counts of possession of drugs and drug trafficking.
Two bounty hunters were looking for Lonnie L. Smith, 21, of Steubenville. Smith left after lunch on the first day of his drug trafficking trial in March 2004. He was subsequently convicted without him being there and is awaiting sentencing if he is ever apprehended. There was a $50,000 bond on Smith at the time of his disappearance through L&S Bonding and the bond was ordered revoked unless Smith is located.
The bounty hunters asked Steubenville Police narcotics officers for help compiling a list of possible locations for Smith. An address in Mingo Junction was provided, according to court documents.
The bounty hunters knocked on the door of a residence and saw a man exit the house. Believing it was Smith, the bounty hunters chased down the man and tackled him. They handcuffed the man, later identified as Daniel McShan, searched him and found a bundle of crack cocaine, containing 47 individually packaged bags of crack cocaine, according to court documents.
Mingo Junction police arrived and seized the crack cocaine.
McShan's attorney, Domenick Olivito Jr., argued the Fourth Amendment against unreasonable government searches should apply in his client's case because the bounty hunters were acting as "instruments or agents of the government."
Common Pleas Judge David Henderson disagreed, saying the bounty hunters were working as private individuals on a private contract.
"A search instigated by a private person, for private purposes, does not fall within the purview of the Fourth Amendment," Henderson said.
McShan's trial is scheduled for June 30.
Source:
http://www.hsconnect.com/news/story/0528202005_new01news052805.asp
WAY TO GO!!!!
Good luck all,
Bill
<HR>
Saturday, May 28, 2005 — Time: 11:58:36 PM EST
Bounty hunters within rights
STEUBENVILLE - A defendant who was tackled and searched by two bounty hunters in Mingo Junction tried to have crack cocaine evidence withheld from trial, claiming it was a violation of his constitutional rights.
Daniel J. McShan, 27, of 571 S. Fourth St. was indicted by the Jefferson County grand jury on single counts of possession of drugs and drug trafficking.
Two bounty hunters were looking for Lonnie L. Smith, 21, of Steubenville. Smith left after lunch on the first day of his drug trafficking trial in March 2004. He was subsequently convicted without him being there and is awaiting sentencing if he is ever apprehended. There was a $50,000 bond on Smith at the time of his disappearance through L&S Bonding and the bond was ordered revoked unless Smith is located.
The bounty hunters asked Steubenville Police narcotics officers for help compiling a list of possible locations for Smith. An address in Mingo Junction was provided, according to court documents.
The bounty hunters knocked on the door of a residence and saw a man exit the house. Believing it was Smith, the bounty hunters chased down the man and tackled him. They handcuffed the man, later identified as Daniel McShan, searched him and found a bundle of crack cocaine, containing 47 individually packaged bags of crack cocaine, according to court documents.
Mingo Junction police arrived and seized the crack cocaine.
McShan's attorney, Domenick Olivito Jr., argued the Fourth Amendment against unreasonable government searches should apply in his client's case because the bounty hunters were acting as "instruments or agents of the government."
Common Pleas Judge David Henderson disagreed, saying the bounty hunters were working as private individuals on a private contract.
"A search instigated by a private person, for private purposes, does not fall within the purview of the Fourth Amendment," Henderson said.
McShan's trial is scheduled for June 30.
Source:
http://www.hsconnect.com/news/story/0528202005_new01news052805.asp