Mods feel free to move this if it fits better someplace else.

http://www.msnbc.msn.com/id/25200179/di ... enumber/9/

It looks like the cop intetionally stands in front of the car so he'll have an excuse to shoot!

Traveling on a public road is not against the law; it would not appear theat there is any legal basis for the stop. They'll make some charge up later....

On would think they would just open the door first.... Much lest work then breaking the window.

Area emergency - all rights suspended! Enter at your own risk.

Mostly-

He is driving around a security checkpoint. I would bet they have a law in place covering emergency situations like this.

I think the people of Iowa will recover much better, and quicker then the New Orleans residents. Aren't they still using the FEMA trailers?

Iowans are not whiners and take care of things themselves so they will recover quickly.

My son-in-law (who lives in CR) said that residents were not allowed into formerly flooded areas immediately as one of the inspectors stepped into a large "puddle" which ended up being the basement of the house that used to be there. He ended up in 9' of water containing a witch's brew of toxic stuff. Re-entry was suspended until these areas were inspected and hazardous areas identified. The man in the picture tried running over the officer that was stopping him. I can understand his frustration but I think he went way over the top.

The officers are Iowa Highway Patrol. I've had some experiences with them over the decades and have a high regard for their professionalism.

Say what you will, it's a tough tough situation for all involved. And then there's Iowa City.....

I would bet that "driving around a security checkpoint" is not defined as a crime in the Iowa Motor Vehicle Code. I'd bet the officers arresting him couldn't tell you what law he's broken. They'll find something, probably an "assault" on police, so he can't sue them.

The cops in nice clean unifiorms don't appear to be doing anything worthwhile relating to flood recovery. Making everyone else do nothing is not a worthwhile excercise, in my opinion.

I'll disagree with you here. Although I can't quote chapter and verse what the relevant code is, there was a mandatory evacuation for health and safety reasons. The man attempted to pass by a barricade into an evacuated area before it was safe to do so and while doing so drove his vehicle directly at an IHP officer. The IHP officers were not involved in recovery efforts, they were securing flooded areas so that overwrought evacuees didn't get themselves hurt or killed by moving into them before it was safe to do so. In my opinion they were engaged in a very worthwhile exercise.

Edited to add:
http://www.gazetteonline.com/apps/pbcs.dll/article?AID=/20080618/NEWS/789186828

And we don't know the story either, maybe his wife and kids were behind the line and the officer was trying hard to interfere, Maybe his wife and kids were already swept downstream and the officer was trying to prevent the guy from joining them.

Maybe the guy had no business at all in the area and the cop was keeping a looter out, Maybe the guy had a store getting looted and needed to go save his business, or all his money was kept as cash in a office or or or or

Does the law provide for mandatory evacuations and make it a crime to fail to evacuate, or to return? Guesses don't count, nor do assumptions.


There is a difference between "worthwhile" and "lawful." And is it the job of government to save us from ourselves, or is it none of their damn business?

It actually looks like Iowa has some pretty draconian emergency response laws.

http://nxtsearch.legis.state.ia.us/NXT/ ... efault.htm

Might be worthwhile to see what Minnesota's laws look like on this matter,as well.

I'll have to disagree with you Andrew. Since we don't (and probably can't) have all the facts and we're neither judge nor jury here, guesses & opinions generally do count but of course both are trumped by facts. IMO the reality of a dynamic, complex, and dangerous situation involving directly or indirectly the population of a city of about 285,000 outweighs an "I'll go where I damn well please" attitude of a single individual for some of the possibilities / reasons 1911fan enumerated. However, I figure I won't be persuading you either so there it is.

I am very grateful to have never had to deal with such a situation.

There is no law of "Mandatory Evacuation" either. A "mandatory evacuation" of one's home would be unconstituional. (although the Bush appointments would be capable of anything, I suppose.)

You don't have to leave your house unless there is a court order, or martial law is declared. The fact that it "makes sense" or that there is a "reality of the situation" or that somebody has a "damn please attidtude" doesn't cut it.

The Constitution requires a particularized "probable cause" of a some crime which itself must be a constitional law. And "Mandatory Evacuation", unless it's an actual military manuver, is not something that can legally be enforced.

Naturally,you might not want to be a test case, but The Constituion is pretty specific about your rights at your house.

More and more the "emergency management' is just clear people out, and then do nothing. Years ago that was not done, now everyone wants to regulate you for your own safety.

At the Grand Forks "Mandatory Evacuation" I know people who stayed. They were pretty well equiped with food, water, generators, huge 4 wheel loader tractors, and big rubber rafts, and keys to all the neighbor's homes. And they were an organized group, they even had lawyers with them to talk to cops. A couple were retired farmers, and they would get relatives to do cross country deliveries by tractor and boat. One was an electrical contracter who was somehow able to hook up some electricity that had been cut. He said "just climb the pole and hook it back up!"

I was able to talk with them about the experience, because I snuck into Grand Forks "early".


They said just go inside, bar the doors, run the generators and leave the lights on and take a nap. If you talk to the 'rescuers", they'll never shut up and leave. If they know you're in there, they don't dare break in.