Drug War Issues
Politics & Advocacy
A narrowly divided US Supreme Court Tuesday refused to expand police search powers at the expense of privacy rights, ruling that police cannot search a suspect's vehicle after the suspect has been detained and arrested absent probable cause. The 5-4 decision came in Arizona v. Gant.
car search
Before trial, Gant had sought to suppress the evidence against him, arguing it was the result of an unlawful search, but the trial judge denied that motion. Gant appealed the verdict, winning in the Arizona Supreme Court. The state of Arizona then appealed to the US Supreme Court.
To no avail. While the Supreme Court acknowledged police powers to make a search incident to arrest, the justices noted that the purposes of such searches were to ensure officer safety and the preservation of evidence. With the suspect cuffed in the back seat of a patrol car and with no reason to preserve any "evidence" of Gant's offense -- driving with a suspended license -- the court held that police needed a search warrant to conduct a search of his vehicle.
"Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest," wrote Justice John Paul Stevens for the majority. "When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant or show that another exception to the warrant requirement applies."
A rare victory for the Fourth Amendment from the Roberts court.
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Comments
Protect the 4th amendment!!!
Yeah!!!!!
There is a God or under Obama the USSC may be on the road to rec
Truncated subject title "There is a God or under Obama, the USSC may be on the road to recovery (of its sanity)
For thirty odd years (beginning with the "Burger-Rehnquist Court" http://www.wellesley.edu/Writing/Nixon/nixon_supremeCourt.html)
the USSC and lower courts have bent, deformed, spindled and mutilated arguments and facts to _justify_ police behavior on the streets to the point where the 4th Amendment is unrecognizable as _the Amendment_ which was intended and supposed to guarantee the privacy and solitude of every single human being within the United States.
Unfettered discretion in the hands of an angry guy with Batman/Lone Ranger/Lone Avenger issues dedicated to (if not wholly committed to) the _theological_ proposition of "putting away the bad guys" makes for a lethal legal cocktail and Constitutional "results" that would make the lineal thinking of Euclid, an Aristotle and a John Stuart Mills whirl.
For with this theological "mandate," all exaggeration, all lies, all selective memory is permitted and its corollary, all perjury/testilying is permitted. And throughout the land trial judges endorse and ratify the _words_ of these drug warriors who are agenda-free and "have no reason to lie..." We had moved into a parallel dimension of "Dirty Harry"-land.
Thus, has Prohibition corrupted our cops, our District Attorneys and our judges. And the Supreme Court apparently joined in this travesty, till it did some soul-searching 48 hours ago...
_Gant_ is a step in the right direction. Now let's end Prohibtion as the Netherlands did and truly move on into a more enlightened and Constitutional future.
An obvious mistake.
Does this mean that the many times I sat in their car going,"no, not there", I was being violated, and that evidence wasn't admissible, yet I paid the price. And, "in plain view" means "before" the search? Not after they tear the car apart for failure to signal? Wow. But, now they're gonna say, "starting now", even though it's been misapplied for years, doesn't mean it wasn't in effect at the time of said violation, just denied unlawfully by the courts, as in "due process".
If a law is misapplied, is it still a law? If the courts misuse their power to wrongfully convict a person, is it "oh well, oops", or lawsuit city.
I know, I'll ask a lawyer.
Hee, Hee...
Haw, Haw Haw! The cops take it in the shorts this time...
illegal serches
I wish I had a roach for every time my car was searched over the last 35 years for such crimes as having MA plates, long hair, or for driving an old shit-box.
Law??What law???
I just speed down the highway and frankly I dont give a rats ass about no laws anymore and do you know something?When I dont care if I get caught or not I very rarely get stopped because what is absent is the "what am I gonna do if I get stopped"question .I actually dont hate the cops ,but what I do hate are the laws and the ass holes that make up all these "yank my chain laws in life".The point of creating all these laws is that it gives the cops the reason to pull you over if they want to and having a reason for doing so which they need in case you do have anything illegal.Here in N.J. they have seat belt laws,no talking on the phone laws,no tinted window laws,etc.Almost all cops,on duty or off break the laws that I just said.Why should I obey the laws if they dont???Search and seizure???In N.J. they take you to the police station under the pretense that there is a warrant out for you and as they are checking you out they are also going through your car while you are not there and after they "made a mistake"they give you a ride back to your car.My point is that whatever the courts rule the cops are going to just do an illegal search anyway because in the end if they lose they lost nothing and you lost by sitting in jail and getting a lawyer etc.and spending all your money. SCREW THE LAWS!!!!!!!!!
An Ass...
"The law is an Ass"
Abraham Lincoln
In reply to An Ass... by Anonymous (not verified)
"...the law is a ass."
Dickens... in reply to the claim a husband is responsible for his wife's actions...
Skrew tha Fockn police
finally get to drive my car and not have to worry about cops tearin crap outta car for dressin with baggy clothes and hat sideways, and being young and what they call suspicious. Cops get bored and try to bust ppl well not no more. Ha Ha to all u aszhole cops and to the officers here to serve and protect not just busting anyone i salute u!
yes siree
It is about time they did something right. Fuck the cops.
Small town no Justice
Yes! I'm (Kevin Gibbs) and I live in Elizabeth City,N.C.27909 my address is 407 West Cypress Street.I'm concerned about the multiple situations inwhich many individuals are violated their 4th Amendment right,but when the situation is brought up with an agency like;A.C.L.U.or other etc.it seems like no one can assist anyone with the assisstance and many individuals are convicted and sent to prison unlawfully.
what a bunch of liberal
what a bunch of liberal POS's!! Don't worry, we'll just tow the vehicle and do an inventory search (you can pay the tow bill).
You guys act like cops are out there searching law abiding citizens. Most of you are clueless. You should volunteer some time at the local PD or do a ride along and see what we're actually dealing with!! If you liberals keep pushing this BS crime is going to get more and more violent!! Like I said, most of you are CLUELESS what's actually happening on the streets!!
In reply to what a bunch of liberal by Rick (not verified)
Violations of their oath of Office
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