Motorhome Diaries Crew Appear in Court

Radley Balko | September 14, 2009

The three members of the Motorhome Diaries crew who were arrested a few months ago in Jones County, Mississippi recently had their first court appearance. Tom Schornhorst, a Fourth Amendment expert and professor emeritus at the Indiana University School of Law is representing them pro bono, and has an interesting write-up of what happened. In short, the case against them looks pretty thin. 

Here's a bit of an odd coincidence: Schornhorst found out about the case via my personal blog, The Agitator. One of the other lawyers helping out with their case is former Jackson, Mississippi Mayor Dale Danks. Danks also happens to be the private attorney of embattled Mississippi medical examiner Steven Hayne.

Reason.tv has interviewed the Motorhome Diaries guys twice, once before they began their cross-country trek, and again about midway through their adventures.

Comments

|9.14.09 @ 1:07PM|#

Stay classy Mississippi.

|9.14.09 @ 1:23PM|#

So basically they were arrested for not showing the proper deference to law enforcement?

When is Obama going to invite them over for a beer (I'm assuming DC is a "wet" jurisdiction)?

Naga Sadow, resident of Missis|9.14.09 @ 1:32PM|#

Will try troy. And yes, prolefeed.

Paul|9.14.09 @ 1:51PM|#

{And according to the U.S. Supreme Court a person cannot be made to produce ID without reasonable grounds to suspect he is or was engaged in criminal activity.)

I thought this notion was recently overturned by the Hiibel decision?

kinnath|9.14.09 @ 1:57PM|#

I thought this notion was recently overturned by the Hiibel decision?

No

Paul|9.14.09 @ 2:59PM|#

re: Hiibel:

The awful truth is that the police have now acquired the de-facto power to demand identification from just about anyone.

http://www.reason.com/news/show/32830.html

So how is this a 'no'?

|9.14.09 @ 4:09PM|#

Hey, anyone know if these guys are troofers/birfers? They don't say anything on their site, but they've got a big "break the matrix" sign on the motorhome. I've been invited to go meet them in a few weeks, but while I will support mutualists, voluntaryists, and other radical anarchists, I have absolutely no interest in spending an evening with nutbags.

JB|9.14.09 @ 4:19PM|#

Paul, I think you can ask them if they are investigating a crime and if so, what crime.

If they don't answer those questions, then it's going to be hard for them to legally arrest you for not producing ID. They still might arrest you, but I have a feeling you will eventually win on appeal. And possibly some dough for illegal detention.

If they answer both those questions, then you probably need to produce ID under that precedent.

EscapedWestOfTheBigMuddy|9.14.09 @ 4:36PM|#

Paul,

The wording of the decision is very close. State legislatures may pass laws that require people to "identify themselves" when requested by the police.

They did not say "produce identity documents" or anything similar.

'Course, barracks lawyering the issue will doubtless get you hauled in for contempt of cop. Depending on the level of "new professionalism" involved you may be assaulted by the nice officers. But don't worry, they'll do a profession job of it.

As a practical matter, if the officer has reason to suspect you, you will either convince him that he can find you again, or he'll detain you. Producing ID would be one way of putting the cops mind at ease, but the choice is yours.

Colonel_Angus|9.14.09 @ 5:06PM|#

When will people learn? Stay out of retarded hick states. And California.

|11.10.09 @ 12:38AM|#

I appreciate the concern, which is been rose. The things need to be sorted out because it is about the individual but it can be with everyone.

Cynthia Kurtz
caravans