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NATIONAL PARK SERVICE MORNING REPORT BLACKBERRY EDITION Monday, May 2, 2006 =============================================================================================================== INCIDENTS Death Valley NP Pilot Killed in Private Plane Crash A private plane crashed about a half mile southeast of the Furnace Creek airstrip on Timbisha Shoshone tribal land around 1 p.m. on Sunday, April 30th. The 56-year-old pilot, a resident of Independence, Oregon, died at the scene; his wife was injured and airlifted to a hospital in Las Vegas. The accident occurred after the pilot had taken off from the airport - the fifth in a group to depart from the airstrip. The park's structural fire truck was used to ensure that there would be no fire in the overturned plane while the pilot was being extricated. The NPS, the Inyo County Sheriff's Office and coroner, and the California Highway Patrol all responded. The FAA and NTSB have been notified. The temperature during this incident was about 106 degrees. Inyo County is the lead agency in the investigation. [Nancy Wizner, Chief Ranger] Delaware Water Gap NRA Man Confesses to Theft of Government Tractor On Monday, April 10th, park staff discovered that a John Deere tractor and front loader, valued at over $58,000, had been stolen from the park. The tractor was found a short time later, abandoned and partly submerged in a nearby pond. Investigation revealed that the tractor had been stolen on Friday, April 7th, and used by the thief to perform work at a family member's house. Rangers and a special agent canvassed the area, interviewed witnesses, and obtained statements on what had occurred. The suspect in the theft turned himself in on April 29th and provided investigators with both verbal and written confessions. The case has been brought to the US Attorney's Office in Scranton, Pennsylvania. Charges will be filed against the man and restitution will be sought to cover the costs incurred in repairing the damage inflicted on the equipment. [Mike Fernalld, Park Ranger] OPERATIONAL NOTES NPS/FLETC Supreme Court Decision On March 22nd, the Supreme Court held in Georgia v. Randolph (U.S. LEXIS 2498 (2006) that in circumstances where a physically present co-occupant refused to permit a warrantless entry and search while another physically present co-occupant consented, that refusal to consent would render any warrantless search unreasonable under the Fourth Amendment. Previously, the four federal circuit courts and a majority of state courts that have reviewed similar cases have ruled that the consent remained effective even where another co-occupant objected. In his dissent, the chief justice expressed his concern that this decision might imperil spouses suffering from domestic violence by allowing the aggressor the right to deny police entry under this ruling. The majority, however, pointed out the following: “The dissent's argument rests on the failure to distinguish two different issues: when the police may enter without committing a trespass, and when the police may enter to search for evidence.” The majority pointed out that it would be “silly” to suggest that police officers could not enter a dwelling to protect a victim of domestic violence, investigate the allegation, assist the victim in collecting belongings and departing, and seize any evidence in plain view while lawfully on the premises. This decision is limited to its specific set of facts and involves two co-occupants who took an opposing viewpoint on the issue of consent to search. The court took the position that social expectations and Fourth Amendment jurisprudence placed dispositive weight to the side refusing to grant consent. The court also pointed out that where it appeared that the officers had removed the objecting co-occupant to avoid any objection to their search, the result would be the same: the search would be invalid. [Don Usher, Superintendent] OTHER NEWS Links to stories for those of you who are within the NPS… Today's combined NPS/NIFC fire report: HYPERLINK "http://inside.nps.gov/index.cfm?handler=viewfirenpsnewsarticle&type=FireManagement&id=588" http://inside.nps.gov/index.cfm?handler=viewfirenpsnewsarticle&type=FireManagement&id=588 Article on impacts of limited ONPS funding increases on parks: HYPERLINK "http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/05/01/MNGFBIIFO81.DTL" http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/05/01/MNGFBIIFO81.DTL Article on completion of avian flu plans: HYPERLINK "http://inside.nps.gov/index.cfm?handler=viewnpsnewsarticle&type=Announcements&id=4396" http://inside.nps.gov/index.cfm?handler=viewnpsnewsarticle&type=Announcements&id=4396 * * * * * Prepared by Visitor and Resource Protection, WASO, with the cooperation and support of Delaware Water Gap NRA. --- ### --- |