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To: PieterCasparzen
But they certainly don't wait for a search Warrant in every one of those cases.

While police without a warrant may not have to let the driver leave without being searched, that wouldn't imply that they have the right to search without a warrant. I would posit that a driver should be within his rights to wait with his car until such time as police can produce a warrant, and that police who are preventing a driver from leaving should be required to make a good faith effort to get the warrant as expeditiously as practical. In cases where a warrant would clearly be justified, a driver could save everyone's time by simply consenting to a search. On the other hand, if a warrant wouldn't be justified, a driver should be entitled to refuse.

Note that even if it's likely that a court would rubber-stamp a warrant, requiring that the cop apply for one would require the cop to document what he believes to be legitimate basis for the search before it is conducted, and prevent a cop from conducting a search and then using his findings to formulate a plausible justification.

113 posted on 06/18/2013 4:20:33 PM PDT by supercat (Renounce Covetousness.)
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To: supercat

I’m no lawyer, but I think it’s something like what you’re sayin’.

Cuz if it came out later if a search was unreasonable and there was no warrant, the searchee might have some legal recourse, i.e., the police or dept, etc., might be in some hot water.

This is where this whole situation is completely different from seizure of basically everyone’s phone bill extended call detail.

While it’s a nice fantasy for the Feds to have such data at their fingertips and have it be Constitutional, it’s very obvious that it’s an overreach of titanic proportions.


114 posted on 06/18/2013 4:29:55 PM PDT by PieterCasparzen (We have to fix things ourselves)
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