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Gaming agents have full police power

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A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense of resisting law enforcement, the Indiana Court of Appeals decided today.

In William B. Jones v. State of Indiana, No. 73A01-0911-CR-532, William Jones argued he couldn’t be convicted of resisting law enforcement because the person he resisted was a gaming agent of the Gaming Commission. Jones was at a casino in Shelbyville when he got into an altercation. Gaming Agent Bradley Onskt identified himself as a police officer and inquired about the altercation. Jones continued to yell and resisted arrest by jerking away from Onskt, continuing to struggle after being handcuffed, and bumping into patrons.

Indiana statute says for purposes of riverboat gambling, a law enforcement agency includes gaming agents of the Indiana Gaming Commission, and gaming agents are vested with full police powers and duties to enforce Indiana Code Article 4-33.

“The plain language of Indiana Code Article 4-33 states unambiguously the General Assembly’s intent that gaming agents exercise full police power, including the power to arrest suspected offenders,” wrote Judge L. Mark Bailey. “It would be absurd to expect gaming agents to do so without the deterrence provided by the Resisting Law Enforcement statute.”


 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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