Leave it to Kootenai County to make a mockery of the Constitution. This one was a real team effort though. The Kootenai County Sheriff, the CDA Police, and the CDA Press have all teamed up to give the big middle finger to Idaho’s founding document. Don’t worry though. I’m sure they did it for your protection and they just had your best interest in mind. After all, they’re the police, right?

Let’s start with the ones who started it all. Enter Bozo #1, none other than Wolfinger’s finest – Michael Hanson.

In August 2016 Kootenai County Sheriff Deputy Michael Hanson was flagged down by a citizen who said that a drunk guy was grabbing her ass at Honeysuckle Beach in Hayden. OK – Nothing of note here. It’s Idaho. Uneducated drunkard + meth + woman + sunny day + lake = ass grabbing. After all, she was “hot” and she was “fine,” as the Supreme Court ruling so eloquently notes.

Deputy Mike decides to do his job and investigate. He did not see this alleged ass grabbing and only had the victim’s story to go on, but it didn’t matter to Big Mike. Someone was getting cuffed. After all, how else do you get on Live PD? Big Mike tracks down the alleged ass grabber, and at this point decides to immediately break the Idaho Constitution. Here’s what the Idaho Constitution says:

Section 17. UNREASONABLE SEARCHES AND SEIZURES PROHIBITED. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue without probable cause shown by affidavit, particularly describing the place to be searched and the person or thing to be seized.

Big Mike arrests the ass grabber and then decides to search him. Low and behold, Deputy Hanson, AKA Big Mike, finds all sorts of white powdery substances – enough to make the producers of Cops jump for joy. Deputy Hanson tacks on all sorts of felony drug charges and off the ass grabber goes to jail.

End of story. Or is it? Luckily we’ve got ourselves an ass grabber who knows his rights.

Then the Idaho Supreme Court tells a story about drunken train parties and everything changes.

The ass grabbers case makes it all the way to the Supreme Court of Idaho. The question at hand: Can a cop arrest someone for a misdemeanor that occurred outside his presence? As if to say “you cops are a bunch of idiots,” the court tells a story from the 1800’s about people getting drunk on a train. I think they did this because A.) Little boys love trains B.) Cops act like little boys, C.) Cops love a good drinking and fighting story, and D.) this is a story simple enough for a Kootenai County Deputy to understand. Here’s the story:

The earliest such case that we have been able to locate was decided in 1895. That case, Baltimore & O.R. Co. v. Cain, 31 A. 801 (Md. 1895), presented a unique set of facts. There, the plaintiff sued the railway company for false imprisonment. Id. at 802. The plaintiff and three companions were intoxicated when they boarded a train. Id. Despite the conductor’s pleas that they desist, the party then “cursed and swore and drank liquor openly” in the presence of female passengers. Id. When the conductor told them that they would be removed from the train, they threatened him with violence. Id. The conductor then telegraphed ahead for an officer to arrest the plaintiff. Id. at 803. Following his arrest, the plaintiff paid a fine for his disorderly conduct. Id. at 804. The court rejected plaintiff’s claim, observing: “The plaintiff’s first prayer ought to have been rejected. Its fallacy lies in the postulate that an arrest for a breach of the peace, committed out of the view of a peace officer, necessarily could not be legally made without a warrant.”

Very fun train story. You could change 1895 to 2019 and in Idaho I wouldn’t have batted an eye. More importantly, the court is saying, “Listen you idiot cops, you couldn’t arrest someone for a misdemeanor committed outside your presence in 1895 and you can’t do it today. SO STOP DOING IT!!!

Then Lee White thinks he’s smarter than the Idaho Supreme Court.

So the supreme court has decided. That’s it, right? Oh boy, not if Lee White has anything to do with it. He wants the Legislature to fix it.

White said he hopes the ruling gains enough attention that the Legislature revisits the issue. CDA Press

Wait a second, what? He wants the Legislature to fix the Idaho Constitution? He must have gone to Idaho schools, or the same school as Sheriff Arpaio, one of the two. Lee, if you’re reading this, you should brush up on your Constitutional amendment law. I think Schoolhouse Rocks made some good videos on that. They’re not the same as run of the mill laws. Legislatures can’t put together a quick fix. First, an Amendment needs to pass both houses by a 2/3rds majority. Then it has to be voted on by the people. Alternatively, a constitutional convention can be held.

Here’s my thought, I think the legislature and the people will never pass this amendment. Why? Because folks like Lee White, Ben Wolfinger, and the other Ex Football Player thugs have overstepped their bounds one too many times. The people of Idaho, including the Supreme Court have decided we don’t want a police state. The tide is turning against Kootenai County’s Blue Gestapo, and the people will be in charge again.

But I digress….

So, then the Coeur D Alene Press, after having a good night of unadulterated sex with the CDA Police came up with this gem…

So Lee White put forth his sob story of “I don’t know what to do if we can’t arrest people. Think of the women and children. Think of all those nasty nasty men out there beating their wives. Now we can’t arrest them.” The CDA Press Editorial Board swallows hook, line and sinker and puts out this piece of intellectual fortitude:

The headline reads:

THIS CAN’T BE WHAT COURT HAD IN MIND

There’s one problem with this. This is exactly what the court had in mind. They say so in their opinion.

We are fully mindful of the significance of this conclusion. “Domestic violence is a serious crime that causes substantial damage to victims and children, as well as to the community.” I.C. § 32-1408(1). Idaho Code section 19-603(6) permits peace officers to use their arrest powers to intervene in domestic violence situations, even though they have not personally observed the commission of a crime, and to thereby defuse potentially violent circumstances. Nevertheless, the extremely powerful policy considerations which support upholding Idaho Code section 19-603(6) must yield to the requirements of the Idaho Constitution.

Knowing the CDA Press, they didn’t take the time to read the opinion. The headline did seem catchy – if it wasn’t so stupid.

But then comes real irony…

Here’s the crazy part about this whole story. As much as Lee and his boys are whining about this decision. Guess who really stands to gain? Well, the cops of course. Why? Because cops are 2-4 times more likely to commit domestic violence on their families than the average citizen. Don’t believe me? Check it out. They are also more likely to beat their wives than an NFL Player. By some estimates, 40% of police officers beat their wives.

Given this, Lee and his troops should be rejoicing at the new law. Now they can beat their wives and not have to risk arrest. Ben Wolfinger’s goon Gavin Brodwater could have really used this law. He was a wife beater. Gave her a bloody nose and mouth. Real class act. A real public servant you know. Too bad for Wolf and the Gang the Supreme Court hadn’t made this ruling a little earlier.