On 5/31/04 2:21 PM, "Paul Laska" <[EMAIL PROTECTED]> wrote:
> The important consideration would be that jails, prisons, or secure medical
> facilties are NOT public places. They are limited access locations by their
> nature and definition. You cabn obtain access to a public place, i.e.
> government office, etc. But unless authorized specifically, the only persons
> allowed into jails, etc. are the employees and the inmates.
>
Jails fall squarely within the statutory definition of "public places":
624.7181 (c) "Public place" means property owned, leased, or
controlled by a governmental unit and private property that is
regularly and frequently open to or made available for use by
the public in sufficient numbers to give clear notice of the
property's current dedication to public use but does not include:
a person's dwelling house or premises, the place of business
owned or managed by the person, or land possessed by the person;
a gun show, gun shop, or hunting or target shooting facility; or
the woods, fields, or waters of this state where the person is
present lawfully for the purpose of hunting or target shooting
or other lawful activity involving firearms.
They are property "owned, leased, or controlled by a governmental unit,"
which is all that is required to meet the definition.
--
Bob Woolley
St. Paul, MN
[EMAIL PROTECTED]
"The makers of our Constitution undertook to secure conditions favorable to
the pursuit of happiness. They recognized the significance of man's
spiritual nature, of his feelings and of his intellect. They knew that only
a part of the pain, pleasure and satisfactions of life are to be found in
material things. They sought to protect Americans in their beliefs, their
thoughts, their emotions and their sensations. They conferred, as against
the government, the right to be let alone--the most comprehensive of rights
and the right most valued by civilized men. To protect that right, every
unjustifiable intrusion by the government upon the privacy of the
individual, whatever the means employed, must be deemed a violation of the
Fourth Amendment."
-- Justice Brandeis, dissenting in
Olmstead v. U.S., 1929
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