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Traffic Stop not a license for criminal investigation..
Illinois Supreme Court ^

Posted on 05/31/2007 6:50:24 PM PDT by djf

In a pair of decisions handed down November 20, Illinois' highest court has held that police conducting traffic stops may not undertake criminal investigations of drivers or passengers without a reasonable suspicion that a crime has been committed. The twin decisions broaden Illinois citizens' right to be free from unlawful search and seizure and provide greater protection than granted by the US Supreme Court in similar cases.

In one case, the court threw out the conviction of a man arrested after a drug dog sniffed his car during a traffic stop. In the other, the same line-up of judges threw out the conviction of a passenger who was arrested after providing identification to a police officer, who then used it to run a warrant check.

Roy Caballes was stopped for driving 71 mph in a 65 mph zone on Interstate 80, and while one trooper wrote him a speeding ticket, another trooper arrived with a drug-sniffing dog and walked around Caballes' vehicle. When the dog alerted, troopers searched the vehicle, found marijuana in the trunk, and arrested Caballes.

Caballes filed a motion to suppress the evidence, arguing that the search was illegal because there was no reasonable suspicion that he was in fact committing a crime. In trial court testimony, prosecutors produced no tell-tale smells, roaches in ashtrays, or any other evidence other than that Caballes appeared nervous and was wearing a new suit. The motion was rejected and Caballes was convicted. He appealed, and last week the Illinois Supreme Court agreed that the drug dog search resulting in Caballes' arrest was not allowed.

(Excerpt) Read more at stopthedrugwar.org ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Illinois
KEYWORDS:

1 posted on 05/31/2007 6:50:26 PM PDT by djf
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To: djf

Even though Washington state is generally thought to be a liberal hellhole, there was a similar decision a few years back called Byrd V Seattle, where the privacy right (as specifically mentioned in the Washington Constitution) was held in strong regard.

A person going and coming and doing his business without any obvious signs of a crime in progress is still considered innocent.


2 posted on 05/31/2007 6:54:41 PM PDT by djf (Skulz wurk gud! My last Wopper was purfict!)
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To: djf

As much as I hate to see druggies get off, I have to agree with the courts decision. I know if a cop ever asks to search my car I’m Not giving him permission.


3 posted on 05/31/2007 6:55:21 PM PDT by Little_shoe ("For Sailor MEN in Battle fair since fighting days of old have earned the right.to the blue and gold)
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To: djf

Heh.


4 posted on 05/31/2007 7:06:09 PM PDT by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: djf
A person going and coming and doing his business without any obvious signs of a crime in progress is still considered innocent.

Well, it's time we put a stop to that seditious thought. /s 

5 posted on 05/31/2007 7:15:14 PM PDT by zeugma (MS Vista has detected your mouse has moved, Cancel or Allow?)
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To: zeugma

Mr. and Mrs. Red, White, and Blue being presumed innocent.

What a concept!

Hey, it works for illegal aliens!!
(even though none of them are, because they unlawfully crossed the border)


6 posted on 05/31/2007 7:20:24 PM PDT by djf (Skulz wurk gud! My last Wopper was purfict!)
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To: djf

As a Washington state cop for thirty years I had to work within the limits of the state Constitution which is much more restrictive than the federal Constitution. On occasion, the state supremes made ridiculous decisions regarding the right to privacy, but overall, I had no problems working within the limits set by them. It would seem that Illinois is finally catching up to Washington in regards to the safekeeping of citizens’ protection against unreasonable search and seizure.
On more than one occasion I knew a driver was “dirty” but having nothing to to go on(articulate a reasonable suspicion)it was let ‘em go with a smile and a I’ll get you next time thought.


7 posted on 05/31/2007 7:22:40 PM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Scotsman will be Free

As a Washington state resident I applaud your opinions and service.

As a youngster, my mom ALWAYS told me “If you have any trouble, go straight to the police!”

I have always valued that idea, but lately, it seems they are more interested in finding dirt on people than in protecting and serving.

I guess it only takes one bad apple(and endless media replays) of a cop doing something unprofessional to ruin the whole barrel, that’s alot of damage control to overcome.

In my few instances of relating to police I have always tried to be courteous and not give them a hard time.

But if I’m on my way minding my own business, I don’t deserve to be harassed by anyone, badge or no badge.

regards,
djf


8 posted on 05/31/2007 7:28:18 PM PDT by djf (Skulz wurk gud! My last Wopper was purfict!)
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To: djf
The same logic prevailed in the case of Raymond Harris, a passenger in a car stopped for an illegal left turn. When the sheriff's deputy involved discovered the vehicle's driver had no valid driver's license, he asked Harris to produce his. Harris did so, and the deputy then checked his identity for outstanding warrants. Harris had one, was arrested on the old warrant, and upon being searched subsequent to arrest was found to be in possession of crack cocaine. He was convicted, but appealed, arguing that police had no probable cause to run a warrant check on him.

Again, the Illinois Supreme Court agreed. "The warrant check was not supported by a reasonable, articulate suspicion that Harris had committed or was about to commit a crime," Justice Charles Freeman wrote, overturning Harris' conviction.

Sorry, but this is sheer idiocy. He has a warrant out for his arrest, but unless you suspect him of committing another crime right then, you can't book him? Stupidity.

9 posted on 05/31/2007 7:34:06 PM PDT by Charles H. (The_r0nin) (Hwæt! Lãr biþ mæst hord, soþlïce!)
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To: Charles H. (The_r0nin)
Sorry, but this is sheer idiocy.

No, it means that you don't have to produce identity papers on demand without a valid reason for the request. Being a passenger in a car that made an illegal left turn is not probable cause for being ordered to produce I.D..

10 posted on 05/31/2007 7:44:44 PM PDT by jdub
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To: djf
But if I’m on my way minding my own business, I don’t deserve to be harassed by anyone, badge or no badge.

such conversations should only be this long

do you know why I stopped you?..........No

where are you coming from? .....none of your business

where are you going?......none of your business

can I search your car?..............hell no

11 posted on 05/31/2007 8:11:42 PM PDT by Revelation 911
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To: djf

Correct me if I’m wrong, I believe one of Mario Cuomo’s last acts in NY was to make any moving violation probable cause.


12 posted on 05/31/2007 8:17:21 PM PDT by printhead
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To: printhead
Correct me if I’m wrong, I believe one of Mario Cuomo’s last

Correct me if I'm wrong, but just because Cuomo made or signed such a law doesn't mean that it is lawful and will pass a court test.

13 posted on 05/31/2007 8:30:38 PM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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To: Revelation 911

Well I don’t try to give them a hard time or be rude, hell, they’re out there in a job where they risk their lives every day. I’m sure they meet more than their share of jerks.

But I think they dam well oughta have more than “You were lookin suspicious” or whatever.


14 posted on 05/31/2007 8:45:38 PM PDT by djf (Skulz wurk gud! My last Wopper was purfict!)
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To: djf
But I think they dam well oughta have more than “You were lookin suspicious” or whatever.

"You seem a little nervous" is how they usually phrase it, and there's your "probable cause".

15 posted on 05/31/2007 8:55:28 PM PDT by babaloo999 (Liberals say they're "Progressive". So is cancer.-------------------they're, their, whatever)
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