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To: marron

POLICE AND THE “AUTOMOBILE EXCEPTION”

The courts have been particularly unkind to Fourth Amendment protections in the context of motor vehicle travel. Since the 1920s, Fourth Amendment jurisprudence has allowed for a gaping and ever-widening exception to the warrant requirement with regard to the nation’s roadways.391 Today, police force untold millions of motorists off the roads each year to be searched or scrutinized without judicial warrant of any kind.392 Any police officer can generally find some pretext to justify a stop of any automobile.393 In effect, road travel itself is subject to a near total level of police control,394 a phenomenon that would have confounded the Framers, who treated seizures of wagons, horses and buggies as subject to the same constraints as seizures of other property.395

The courts have laid down such a malleable latticework of exceptions in favor of modern police that virtually any cop worth his mettle can adjust his explanations for a search to qualify under one exception or another. When no exception applies, police simply lie about the facts.396 “Judges regularly choose to accept even blatantly unbelievable police testimony.”397 The practice on the streets has long been for police to follow their hunches, seek entrance at every door, and then attempt to justify searches after the fact.398 Justice Robert Jackson observed in 1949 that many unlawful searches of homes and automobiles are never revealed to the courts or the public because the searches turn up nothing.399


29 posted on 01/18/2011 11:30:26 AM PST by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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To: DariusBane

I have not read it yet, but will.

This is part of the general issue of government taking things over. They gave, for all intents and purposes, eradicated the common law.

Try to get near a sitting grand jury with a charge.

I believe there are still a couple states where the people can empower a grand jury. But in most states, a grand jury may not be seated unless it has the blessings of the courts.

So, in most cases, corrupt politicians/administrators have little to worry about.


30 posted on 01/18/2011 11:38:51 AM PST by djf (Touch my junk and I'll break yur mug!!!)
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To: DariusBane

http://www.freerepublic.com/focus/f-news/2659214/posts

This thread speaks to the very same issue.


44 posted on 01/18/2011 3:09:30 PM PST by marron
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