Posted on 01/24/2010 4:44:20 PM PST by The Magical Mischief Tour
Cuff, stuff, search.
That's been a mantra for law-enforcement officers in East Tennessee and across the nation for more than a quarter century.
No more.
In a 5-4 decision, the U.S. Supreme Court put the brakes on the routine practice of what's known as a "vehicle search incident to arrest," in which a suspect is handcuffed and stuffed in the back of a cruiser and the suspect's vehicle searched without a warrant or probable cause.
"A rule that gives police the power to conduct such a search whenever an individual is caught committing a traffic offense, when there is no basis for believing evidence of the offense might be found in the vehicle, creates a serious and recurring threat to the privacy of countless individuals," Justice John Paul Stevens wrote.
"I think it's one of those watershed events," Knoxville Assistant Law Director Lisa Hatfield said.
(Excerpt) Read more at knoxnews.com ...
Gonna be a bunch of cases challenged on this finding. Cops got too arrogant, started believing they were above the law. Now they’ve severely damaged the cases for a lot of people who should be behind bars, and would have been on what they were nailed for, but the cops just had to find one more thing to pin on them.
Amen!
Could it be the court has taken a u-turn since KELO?
They have not just severely damaged their cases, they have severely damaged their credibility in the communities they are a part of. As soon as the relationship with the law abiding people that hire them becomes intrinsically adversarial, we all lose.
Interesting 5-4 split.
BRAVO for FREEDOM but it might not be enough as they will normally do what they want as happens when they arrest people that have NO reason for being arrested but are said to be someone else when they are not.
Quite interesting split.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Call me an absolutist, but there isn't much doubt about the literal meaning or the original intent of this Amendment. The sort of person who claims that "persons, houses, papers, and effects" doesn't include automobiles is the sort who will claim that the right to keep and bear arms doesn't include ammunition. In short, a pettifogging sophist who ought to be run out of town on a rail. IMHO.
IMHO, asset seizure laws have contributed substantially to the problem.
I like it. They don’t need to be searching vehicles without substantial, obvious, and visible evidence of illegality. Way too much potential for abuse.
How were they doing this without PC at all?
About freaking time.
ping
BBTTT.
True, Ricco, asset seizure, relaxing of probable cause, no knock warrants common as federal anti drug money militarizes the cops.
You’re right, if I forget to signal a turn, that’s a minor traffic offense. There is no way I should be cuffed, let alone have my vehicle searched.
yes, it is... don't see that too often...
Won’t stop much. Many jurisdictions require that when the driver is arrested the vehicle cannot be left unattended and must be be impounded, requiring the contents of the vehicle inventoried and documented. “Gee...look what I found while I was doing my inventory?”
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