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California Supreme Court limits police searches
89.3 KPCC ^ | 12/6/2016 | Staff Writier

Posted on 12/06/2016 11:56:55 AM PST by MeganC

Police officers may only conduct a search following a traffic stop if they believe there is probable cause a crime was committed, the Supreme Court ruled unanimously Monday in a child pornography case involving a bicyclist pulled over for rolling through a stop sign.

Torrance police stopped bicyclist Paul Macabeo in 2012 after following him a short distance with their patrol car's headlights off. They acknowledged he was not riding erratically and did not try to flee.

Macabeo was arrested after the officers searched his phone and said they found photos of underage girls.

The state's highest court said that when officers stopped Macabeo, the most they could have done to him was give him a traffic ticket. Because they had no probable cause to arrest him for a crime, they had no cause to search his phone.

"Under these circumstances the search violated the Fourth Amendment," the justices ruled in their 24-page opinion citing a person's Constitutional protection against unreasonable searches.

They ordered the case returned to a state appellate court, which was directed to instruct a trial court to suppress any evidence gathered from the phone.

The officers said they searched Macabeo's phone after he appeared fidgety and told them he wasn't sure if he was still on probation for a previous crime. It turned out he wasn't on probation.

When one of the officers asked if he could search through Macabeo's pockets, the cyclist told him he could. After the officer removed the phone from Macabeo's pocket, he handed it to another officer, who found the photos.


TOPICS: Constitution/Conservatism; Crime/Corruption; US: California
KEYWORDS: 4thamendment; california; search
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Good news for civil liberties, at least in California. The police can't search you without probable cause that you've committed a crime...crazy that the California Supreme Court would side with the Constitution on anything!
1 posted on 12/06/2016 11:56:55 AM PST by MeganC
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To: MeganC

We need to liberate this state.


2 posted on 12/06/2016 12:03:40 PM PST by WENDLE (Cruz for the " Scalia seat" !!!!!)
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how do folks feel though in cases like this when it is revealed he had child porn on his phone, but cant do anything because the search wasnt legal.....


3 posted on 12/06/2016 12:04:42 PM PST by raygunfan
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To: MeganC

“Police officers may only conduct a search following a traffic stop if they believe there is probable cause a crime was committed”

Finally, a California court rules correctly on something. Now just rule that bringing in a “drug dog” to sniff around your car to pretend to give you probable cause is itself a search, and we’ll be getting somewhere.


4 posted on 12/06/2016 12:05:20 PM PST by Boogieman
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To: MeganC

Just another case of,

Special rights

For Bikes

?


5 posted on 12/06/2016 12:06:24 PM PST by fella ("As this iiwas before Noah so shall it be again,")
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To: MeganC
USSC already decided in 2014 that a search warrant is needed to search a cell phone.

http://www.cnn.com/2014/06/25/justice/supreme-court-cell-phones/

6 posted on 12/06/2016 12:07:05 PM PST by fruser1
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To: raygunfan

Either you want to live in a police state, where they can catch most of the criminals (along with lots of innocent people too), or you want to have liberty, in which case some criminals are going to get away with it.

There isn’t a third option.


7 posted on 12/06/2016 12:07:20 PM PST by Boogieman
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To: raygunfan

Probable Cause.
Someone’s opinion is NOT Probably Cause.


8 posted on 12/06/2016 12:07:33 PM PST by Zathras
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To: raygunfan

Our system is built under the assumption it’s better to let the guilty go free than imprison the innocent. It was a bad search, it wasn’t even a legit traffic stop, much less cause to start checking his phone.


9 posted on 12/06/2016 12:08:18 PM PST by discostu (Alright you primative screwheads, listen up!)
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To: MeganC

This nothing new. There was no way the memory of his phone held a weapon.


10 posted on 12/06/2016 12:08:22 PM PST by Strac6 (Sig Sauer, Pilatus, Mrs. Strac... all the fun things in my life are Swiss)
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To: fruser1

This stop happened in 2012, so that ruling didn’t apply at the time.


11 posted on 12/06/2016 12:08:52 PM PST by Boogieman
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To: MeganC
Police officers may only conduct a search following a traffic stop if they believe there is probable cause a crime was committed

Well this statement isn't exactly groundbreaking. It's been the law in Federal Court at least since Carroll v. U. S. in 1925 and was applied to the states in Wolf v. Colorado in 1949.

12 posted on 12/06/2016 12:09:07 PM PST by henkster
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To: MeganC

I’ve been stopped by cops quite a bit. I’ve never had one ask to search my phone. It also takes a swipe pattern to open it.

This is weird.


13 posted on 12/06/2016 12:09:16 PM PST by Mr. Douglas (Today is your life. What are you going to do with it?)
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To: raygunfan

The protection of the integrity of the law trumps any individual case.


14 posted on 12/06/2016 12:10:35 PM PST by Mr. Douglas (Today is your life. What are you going to do with it?)
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To: MeganC

I bet Anthony Weiner was on speed dial.


15 posted on 12/06/2016 12:12:59 PM PST by Paulie (America without Christ is like a Chemistry book without the periodic table.)
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To: MeganC

Great reason to lock your phone with a passcode (not fingerprint).


16 posted on 12/06/2016 12:13:55 PM PST by aMorePerfectUnion
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To: MeganC
Good news for civil liberties, at least in California. The police can't search you without probable cause that you've committed a crime...crazy that the California Supreme Court would side with the Constitution on anything!

Hard to say if it's good or bad in this particular case - the guy allowed them to search his phone just because they asked. If he had said "no" and they did it, then I would agree 100%.

17 posted on 12/06/2016 12:17:29 PM PST by trebb (Where in the the hell has my country gone?)
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To: MeganC

Far as I know, this is the correct Constitutional call. The police can’t just go on a fishing expedition. They can’t subject a person to a search if that person is not under arrest, if there is no search warrant, and if there is no probable cause.

I thought this was basic.


18 posted on 12/06/2016 12:18:14 PM PST by Mrs. Don-o (Mater et Magistra.)
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To: MeganC

“When one of the officers asked if he could search through Macabeo’s pockets, the cyclist told him he could.”
==
Made his mistake in saying “yes” to the body search.


19 posted on 12/06/2016 12:24:31 PM PST by LouieFisk
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To: henkster

I believe a case before SCOTUS, Terry v Ohio, has also ruled that an officer may not stop a person because of moving violation, non- working safety equipment or such and then demand to question or search the person or the vehicle for a totally different reason, like where are you going, where did you come from, state your business, etc.


20 posted on 12/06/2016 12:24:51 PM PST by Radtechtravel (May God bless America, keeping her home to the Brave, land of the Free. Long live the Republic.)
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