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Supreme Court scales back police right to search cars

 
Anonymous Coward
User ID: 661532
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04/22/2009 12:50 AM
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Supreme Court scales back police right to search cars
Supreme Court scales back police right to search cars

The ruling limits searches to cases when there may be a weapon within the suspect's reach or evidence related to the arrest. The decision sets aside broader powers granted by the court in 1981


By David G. Savage
7:06 PM PDT, April 21, 2009

Reporting from Washington -- The Supreme Court put a new limit on police searches of cars Tuesday, saying that "countless individuals guilty of nothing more serious than a traffic violation" have had their vehicles searched in violation of their rights.

In a 5-4 decision, the justices set aside a 1981 opinion that had given police broad authority to search cars whenever they made an arrest.
Instead, the justices said that an arresting officer could search a vehicle only if weapons were potentially in reach of the suspect or if there was reason to believe that the car contained evidence related to the arrest. For example, if the driver was arrested in a drug crime, the car could be searched for drugs.

Justice John Paul Stevens, speaking for the court, said that merely arresting a driver does not "provide a police entitlement" to search the vehicle without a warrant.

He said the court's past rulings had given police too much leeway, allowing them to search cars even when there was no threat to the officers' safety. For example, if a motorist was handcuffed and put in a patrol car, there was no danger that he could reach for a weapon that might be hidden in his car.


The lineup behind Stevens was unusual. Justices Antonin Scalia, David H. Souter, Clarence Thomas and Ruth Bader Ginsburg formed the majority.

The case arose when Rodney Gant was arrested in Tucson for driving with a suspended license. His car was parked in his driveway, and officers handcuffed Gant and put him in a patrol car. Then they searched the car and found a gun and cocaine in a jacket in the back seat.

Gant was convicted on drug charges, but the Arizona Supreme Court threw out evidence on the grounds that the search of his car without a warrant was unreasonable.

The U.S. Supreme Court affirmed that decision Tuesday in Arizona vs. Gant.

The dissenters, led by Justice Samuel A. Alito Jr., said the court should have stuck with the old rule that permitted searches of a vehicle whenever a driver or an occupant was arrested.

Source:
[link to www.latimes.com]
Anonymous Coward (OP)
User ID: 661532
United States
04/22/2009 12:53 AM
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Re: Supreme Court scales back police right to search cars
The full opinion is here: [link to www.supremecourtus.gov]
Anonymous Coward
User ID: 658517
United States
04/22/2009 01:15 AM
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Re: Supreme Court scales back police right to search cars
There needs to be two sets of laws.
One for the good citizens, and one for the scum.

Put a chip in em now. You know it's coming anyway.
Anonymous Coward (OP)
User ID: 661532
United States
04/22/2009 01:18 AM
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Re: Supreme Court scales back police right to search cars
There needs to be two sets of laws.
One for the good citizens, and one for the scum.

Put a chip in em now. You know it's coming anyway.
 Quoting: Anonymous Coward 658517


wow you're really fucked up.
No redcoats

User ID: 639008
United States
04/22/2009 01:21 AM
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Re: Supreme Court scales back police right to search cars
Thanks for the find OP!
5a
Anonymous Coward (OP)
User ID: 661532
United States
04/22/2009 01:22 AM
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Re: Supreme Court scales back police right to search cars
Thanks for the find OP!
5a
 Quoting: No redcoats


About time some rights were RESTORED!
No redcoats

User ID: 639008
United States
04/22/2009 01:24 AM
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Re: Supreme Court scales back police right to search cars
Hell Yea!!
edited for 5 stars

Last Edited by Izzy Hyden on 04/22/2009 01:27 AM
Anonymous Coward (OP)
User ID: 661532
United States
04/22/2009 01:24 AM
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Re: Supreme Court scales back police right to search cars
Why do I always have the feeling Trinity pins my posts?
Anonymous Coward
User ID: 661866
United States
04/22/2009 01:28 AM
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Re: Supreme Court scales back police right to search cars
That's incredible.
Douggie

User ID: 661872
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04/22/2009 01:31 AM
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Re: Supreme Court scales back police right to search cars
Thats great. Hopefully they will adhere to it. I can see their being some justification in searches for several reasons:
1) plain view...guns, drugs, alcohal.
2) past felonys, current felony, probation, current crimes
3) Non us citizen, I know this would never fly with the ACLU and places like that. But it seems to me Illegals do a good portion of the crimes.

Im glad theyre going back to the way is supposed to be.
They have the power to create reality

I could explain it better but I would need charts, graphs and an easel.

By the way....which ones pink?
Anonymous Coward (OP)
User ID: 661532
United States
04/22/2009 01:31 AM
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Re: Supreme Court scales back police right to search cars
Hell Yea!!
edited for 5 stars
 Quoting: No redcoats


Just think how many convictions based on inventory searches are going to be thrown out.
Anonymous Coward (OP)
User ID: 661532
United States
04/22/2009 01:40 AM
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Re: Supreme Court scales back police right to search cars
Held: Police may search the passenger compartment of a vehicle inci-
dent to a recent occupant’s arrest only if it is reasonable to believe
that the arrestee might access the vehicle at the time of the search or
that the vehicle contains evidence of the offense of arrest.
No redcoats

User ID: 639008
United States
04/22/2009 01:40 AM
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Re: Supreme Court scales back police right to search cars
Hell Yea!!
edited for 5 stars


Just think how many convictions based on inventory searches are going to be thrown out.
 Quoting: Anonymous Coward 661532

Didn't even think about that one.
No redcoats

User ID: 639008
United States
04/22/2009 01:43 AM
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Re: Supreme Court scales back police right to search cars
Held: Police may search the passenger compartment of a vehicle inci-
dent to a recent occupant’s arrest only if it is reasonable to believe
that the arrestee might access the vehicle at the time of the search or
that the vehicle contains evidence of the offense of arrest.
 Quoting: Anonymous Coward 661532

I smell loop holes, They might read you your rights and search the car before they cuff and stuff.
Anonymous Coward (OP)
User ID: 661532
United States
04/22/2009 01:47 AM
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Re: Supreme Court scales back police right to search cars
Held: Police may search the passenger compartment of a vehicle inci-
dent to a recent occupant’s arrest only if it is reasonable to believe
that the arrestee might access the vehicle at the time of the search or
that the vehicle contains evidence of the offense of arrest.

I smell loop holes, They might read you your rights and search the car before they cuff and stuff.
 Quoting: No redcoats


That runs counter to police policy.
I think the loop holes will be fought out in court.
But there are a hell of a lot of cases where the story is already reduced to writing and sworn to that will be reversed.
No redcoats

User ID: 639008
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04/22/2009 01:53 AM
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Re: Supreme Court scales back police right to search cars
Held: Police may search the passenger compartment of a vehicle inci-
dent to a recent occupant’s arrest only if it is reasonable to believe
that the arrestee might access the vehicle at the time of the search or
that the vehicle contains evidence of the offense of arrest.

I smell loop holes, They might read you your rights and search the car before they cuff and stuff.


That runs counter to police policy.
I think the loop holes will be fought out in court.
But there are a hell of a lot of cases where the story is already reduced to writing and sworn to that will be reversed.
 Quoting: Anonymous Coward 661532

You got a good point on both ends of that one.
Power To The People!
Thx again for posting this.
Anonymous Coward
User ID: 607335
Netherlands
04/22/2009 02:07 AM
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Re: Supreme Court scales back police right to search cars
There needs to be two sets of laws.
One for the good citizens, and one for the scum.

Put a chip in em now. You know it's coming anyway.
 Quoting: Anonymous Coward 658517

criminal are free man who no all follow the police i have the right to smoke snort wat ever i want to do so why you call us scum you are a traiter of the free world and listen to the laws who yhey put on you why you here i not understand go be a cop and stay away here
Anonymous Coward
User ID: 644080
United States
04/22/2009 02:10 AM
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Re: Supreme Court scales back police right to search cars
There needs to be two sets of laws.
One for the good citizens, and one for the scum.

Put a chip in em now. You know it's coming anyway.


wow you're really fucked up.
 Quoting: Anonymous Coward 661532

And they are to stupid to realize that this already exists and gubmint considers all of us commoners like him as the scum.
ShadowDancer

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United States
04/22/2009 02:15 AM
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Re: Supreme Court scales back police right to search cars
Good news, for a change-especially after so many egregious searches have been done for too many decades imho



More time for officers to focus on actual crime, as many crimes are NEVER resolved...enough gestapo tactics


bump thx for posting
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Anonymous Coward (OP)
User ID: 661532
United States
04/22/2009 02:18 AM
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Re: Supreme Court scales back police right to search cars
Good news, for a change-especially after so many egregious searches have been done for too many decades imho



More time for officers to focus on actual crime, as many crimes are NEVER resolved...enough gestapo tactics


bump thx for posting
 Quoting: ShadowDancer


My pleasure!
falldown

User ID: 520470
United States
04/22/2009 02:43 AM
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Re: Supreme Court scales back police right to search cars
Yep, 5 stars OP.
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"He who does not understand your silence will probably not understand your words." ~Elbert Hubbard
Anonymous Coward
User ID: 658517
United States
04/22/2009 03:23 AM
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Re: Supreme Court scales back police right to search cars
There needs to be two sets of laws.
One for the good citizens, and one for the scum.

Put a chip in em now. You know it's coming anyway.

criminal are free man who no all follow the police i have the right to smoke snort wat ever i want to do so why you call us scum you are a traiter of the free world and listen to the laws who yhey put on you why you here i not understand go be a cop and stay away here
 Quoting: Anonymous Coward 607335


You can't even speak English.
Go back to the lawless country you came from.
Cops need unlimited search to deal with drug thugs like you.
Anonymous Coward
User ID: 358956
United States
04/22/2009 05:52 AM
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Re: Supreme Court scales back police right to search cars
This is great news, but I can't help but think there will be many more "weapons" charges now, to justify car searches.
Anonymous Coward
User ID: 659075
Puerto Rico
04/22/2009 06:07 AM
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Re: Supreme Court scales back police right to search cars
They got one right finally!
falldown

User ID: 520470
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04/22/2009 06:28 AM
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Re: Supreme Court scales back police right to search cars
This is great news, but I can't help but think there will be many more "weapons" charges now, to justify car searches.
 Quoting: Anonymous Coward 358956

chuckle Like this?


~
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"He who does not understand your silence will probably not understand your words." ~Elbert Hubbard
Skeptic the First
User ID: 657072
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04/22/2009 07:08 AM
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Re: Supreme Court scales back police right to search cars
There needs to be two sets of laws.
One for the good citizens, and one for the scum.

Put a chip in em now. You know it's coming anyway.
 Quoting: Anonymous Coward 658517

I know that your comment is merely a parody, but it fairly represents how the evil, twisted people in our government think.

The correct view, both morally and legally, is that you are "good" if and only if you obey the rules (including the rules for law enforcement, and obviously including the Constitution, the Bill of Rights, etc.). You are "bad" precisely when you break the rules.

The logical conclusion is that the worst criminals are sitting in our government.
Anonymous Coward
User ID: 661965
United States
04/22/2009 07:16 AM
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Re: Supreme Court scales back police right to search cars
There needs to be two sets of laws.
One for the good citizens, and one for the scum.

Put a chip in em now. You know it's coming anyway.


wow you're really fucked up.
 Quoting: Anonymous Coward 661532


Yes he is. Ain't no shit about that.

Everyone should print out a copy of this article and keep in your glove compartment, for the next time you get pulled over.
falldown

User ID: 520470
United States
04/22/2009 07:19 AM
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Re: Supreme Court scales back police right to search cars
There needs to be two sets of laws.
One for the good citizens, and one for the scum.

Put a chip in em now. You know it's coming anyway.


wow you're really fucked up.


Yes he is. Ain't no shit about that.

Everyone should print out a copy of this article and keep in your glove compartment, for the next time you get pulled over.
 Quoting: Anonymous Coward 661965

Screw that, print out the court's decision itself. It's a tad more authoritative, IMO.
~
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"He who does not understand your silence will probably not understand your words." ~Elbert Hubbard
Anonymous Coward
User ID: 661965
United States
04/22/2009 07:30 AM
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Re: Supreme Court scales back police right to search cars
There needs to be two sets of laws.
One for the good citizens, and one for the scum.

Put a chip in em now. You know it's coming anyway.


wow you're really fucked up.


Yes he is. Ain't no shit about that.

Everyone should print out a copy of this article and keep in your glove compartment, for the next time you get pulled over.

Screw that, print out the court's decision itself. It's a tad more authoritative, IMO.
 Quoting: falldown


Good point.

The pdf file's 37 pages long, but the first page or two will probably get the point across.
Bellwether
User ID: 573034
United States
04/22/2009 07:46 AM
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Re: Supreme Court scales back police right to search cars
Does anyone else get the impression that this decision is contrary to the recent flow of rights, to the point where the Justices might be "feeling some heat" viz the well-known pissed-offed-ness the general populous is feeling of late ??
falldown

User ID: 520470
United States
04/22/2009 07:49 AM
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Re: Supreme Court scales back police right to search cars
Good point.

The pdf file's 37 pages long, but the first page or two will probably get the point across.
 Quoting: Anonymous Coward 661965

Well, they do give cops intelligence tests (they have to score average or low, otherwise they'll get bored with the job), so I'm guessing if you hand a cop 37 pages of legalize, they're going to panic and let you go.

Or shoot you... grinning
~
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"He who does not understand your silence will probably not understand your words." ~Elbert Hubbard

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