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Ruling challenges cops. Court decision puts an end to many vehicle searches
Knoxs News ^ | 01/24/2010 | Knoxs News

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 ...


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government
KEYWORDS: armedcitizen; banglist; beserkcop; donutwatch; leo; liberty; lping; police; rkba; scotus
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1 posted on 01/24/2010 4:44:20 PM PST by The Magical Mischief Tour
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To: The Magical Mischief Tour

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.


2 posted on 01/24/2010 4:46:36 PM PST by Little Pig (Vi Veri Veniversum Vivus Vici.)
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To: Little Pig

Amen!


3 posted on 01/24/2010 4:47:31 PM PST by The Magical Mischief Tour
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To: Little Pig

Could it be the court has taken a u-turn since KELO?


4 posted on 01/24/2010 4:48:07 PM PST by Crim
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To: Little Pig

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.


5 posted on 01/24/2010 4:49:48 PM PST by DariusBane (Even the Rocks shall cry out "Hobamma to the Highest")
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To: The Magical Mischief Tour
STEVENS, J., delivered the opinion of the Court, in which SCALIA, SOUTER, THOMAS, and GINSBURG, JJ., joined. SCALIA, J., filed a concurring opinion. BREYER, J., filed a dissenting opinion. ALITO, J., filed a dissenting opinion, in which ROBERTS, C. J., and KENNEDY, J., joined, and in which BREYER, J., joined except as to Part II–E.

Interesting 5-4 split.

6 posted on 01/24/2010 4:52:47 PM PST by Drew68
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To: The Magical Mischief Tour

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.


7 posted on 01/24/2010 4:54:38 PM PST by YOUGOTIT (The Royal 100 Club is Acting the Same as the Roman Senate When the Republic Collapsed)
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To: Drew68

Quite interesting split.


8 posted on 01/24/2010 4:54:39 PM PST by conservative cat
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To: The Magical Mischief Tour
Been a pet peeve of mine for a long time.

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.

9 posted on 01/24/2010 4:55:14 PM PST by Billthedrill
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To: DariusBane
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.

IMHO, asset seizure laws have contributed substantially to the problem.

10 posted on 01/24/2010 5:00:39 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: The Magical Mischief Tour

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.


11 posted on 01/24/2010 5:14:09 PM PST by mtrott
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To: The Magical Mischief Tour

How were they doing this without PC at all?


12 posted on 01/24/2010 5:15:55 PM PST by Tolsti2
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To: The Magical Mischief Tour

About freaking time.


13 posted on 01/24/2010 5:16:46 PM PST by mad_as_he$$ (usff.com)
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To: bamahead

ping


14 posted on 01/24/2010 5:17:34 PM PST by murphE ("It is terrible to contemplate how few politicians are hanged." - GK Chesterton)
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To: Tolsti2
Officer had a suspicion. Which could be you looked nervous.
15 posted on 01/24/2010 5:18:09 PM PST by mad_as_he$$ (usff.com)
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To: Billthedrill
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.

BBTTT.

16 posted on 01/24/2010 5:18:52 PM PST by snowsislander
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To: tacticalogic

True, Ricco, asset seizure, relaxing of probable cause, no knock warrants common as federal anti drug money militarizes the cops.


17 posted on 01/24/2010 5:18:52 PM PST by DariusBane (Even the Rocks shall cry out "Hobamma to the Highest")
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To: mtrott

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.


18 posted on 01/24/2010 5:26:38 PM PST by ThunderSleeps (obama out now! I'll keep my money, my guns, and my freedom - you can keep the change.)
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To: conservative cat
Quite interesting split.

yes, it is... don't see that too often...

19 posted on 01/24/2010 5:27:36 PM PST by latina4dubya ( self-proclaimed tequila snob)
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To: The Magical Mischief Tour

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?”


20 posted on 01/24/2010 5:28:25 PM PST by IrishPennant (If you can accept losing, you can't win. ~ Vince Lombardi)
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