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The Supreme Court Allows Arrests of All in Drug Stops (PoliceState)
AP ^ | Dec 15,2003 | GINA HOLLAND

Posted on 12/15/2003 2:17:27 PM PST by ask

Court Allows Arrests of All in Drug Stops

WASHINGTON (AP) - The Supreme Court issued a traffic warning Monday: Beware of whom you ride with. If drugs are found in a vehicle, all occupants can be arrested, the justices said in a unanimous decision.

It was a victory for Maryland and 20 other states that argued police frequently find drugs in traffic stops but no one in the vehicle claims them. The court gave officers the go-ahead to arrest everyone.

In a small space like a car, an officer could reasonably infer "a common enterprise" among a driver and passengers, the justices ruled.

The case stemmed from an incident in 1999, when police in the Baltimore suburbs pulled over a speeding car. A search revealed a roll of cash in the glove compartment and cocaine in an armrest in the back seat.

The driver and the two passengers denied having anything to do with the contraband, so all three men were arrested.

Chief Justice William H. Rehnquist, writing for the court, said police had probable cause to suspect that the drugs belonged to any of the three, or all of them.

Lisa Kemler, a criminal defense attorney from Alexandria, Va., said the court seems to be saying: "know who your company is."

"How many times have you gotten a ride with a friend? Are you going to peer around in their glove compartment?" asked Kemler, who fears the ruling will lead to a police dragnet. "You could find probable cause to arrest everybody."

Michael Rushford, president of the Criminal Justice Legal Foundation, a pro-law enforcement group, said police can't be expected to sort out ownership of drugs or guns in the middle of a traffic stop.

"You certainly wouldn't let three people with Uzis in their car leave because no one would admit the uzis were theirs," he said.

Maryland's highest court had thrown out the conviction of a passenger in the car, Joseph Jermaine Pringle, on grounds that his arrest violated the Constitution's Fourth Amendment ban on unreasonable searches or seizures. The Supreme Court reversed that decision.

"Pringle's attempt to characterize this case as a guilt-by-associaton case is unavailing," Rehnquist wrote in the brief decision.

Pringle told police later that the drugs were his and that he had planned to swap them for sex or money at a party. His 10-year prison sentence will be reinstated.

The American Civil Liberties Union and National Association of Criminal Defense Lawyers filed a brief supporting Pringle. Their lawyer said the ruling will sweep innocent passengers into criminal cases.

"There's nothing in this opinion to prevent a police officer from arresting a graduate student who is offered a ride home late at night from a party that she has attended with some fellow students," said Tracey Maclin, a Boston University law professor.

The court's rationale could be used in other police search cases, involving homes, Maclin said.

The ruling dealt with the discovery of drugs and cash, but it could apply to other contraband as well.

Supporting Maryland in the case were the Bush administration, along with Alabama, Alaska, Connecticut, Delaware, Hawaii, Illinois, Louisiana, Michigan, Missouri, Montana, Nevada, New Mexico, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Puerto Rico.

The case is Maryland v. Pringle, 02-809.

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On the Net:

Supreme Court: http://www.supremecourtus.gov/


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: 2ndammendment; activistcourt; addiction; badlaws; bang; billofrights; constitution; contraband; crime; drug; drugs; drugwar; guiltyuntilinnocent; gungrabbers; guns; himrleroy; knownbycompanyoukeep; mrleroyishere; nokingbutpot; overzealous; policestate; supremecourt; waronguns; wod; wodlist; wog
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To: ClintonBeGone
You would be.
121 posted on 12/15/2003 4:42:07 PM PST by the gillman@blacklagoon.com (Who reads the articles?)
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To: ClintonBeGone
Michigan law requires that you stop for a yellow light? Always? Under all circumstances?

Man, you got it tougher than us in Massatuskey.

122 posted on 12/15/2003 4:43:44 PM PST by Bloody Sam Roberts (I have opinions of my own - strong opinions - but I don't always agree with them.)
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To: Bloody Sam Roberts
Michigan law requires that you stop for a yellow light? Always? Under all circumstances?

Here is the law:

If the signal exhibits a steady yellow indication, vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection or at a limit line when marked, but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

I've always had a little trouble with the gas pedal when I see a yellow light.

123 posted on 12/15/2003 4:51:25 PM PST by ClintonBeGone
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To: ClintonBeGone
...but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

That's kind of what I was talking about when I mentioned a pissed off LEO. That law as written is open to some interpretation. And it is a guarantee that if you are stopped by a cop whose interpretation differs from yours, you will lose. Always. And once that happens...well, you've read the stories as much as I have.

124 posted on 12/15/2003 4:54:47 PM PST by Bloody Sam Roberts (I have opinions of my own - strong opinions - but I don't always agree with them.)
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To: AdamSelene235
Anytime you are detained, your person and the area immediately around you can be searched under the Terry doctrine.

That's not true. There needs to be probable cause before police can search a vehicle. Absent probable cause, permission must be given, which is what happened in the case at issue.

125 posted on 12/15/2003 4:56:51 PM PST by Sandy
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To: ask
Guilt by proximity?
126 posted on 12/15/2003 4:58:57 PM PST by ChefKeith (NASCAR...everything else is just a game!)
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To: Itzlzha
HOW is a passenger in the back seat able to be found guilty for what is in the GLOVE COMPARTMENT?!

The drugs weren't in the glove compartment. They were in the armrest in the back seat.
127 posted on 12/15/2003 5:04:46 PM PST by gitmo (Who is John Galt?)
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To: Sandy
If You say no to a search then they just simply call in the "drug dogs" and search the car without consent and if needed they "plant" what is needed to fund the local LEO group so they get funding...
128 posted on 12/15/2003 5:06:23 PM PST by ChefKeith (NASCAR...everything else is just a game!)
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To: Bloody Sam Roberts
Michigan law requires that you stop for a yellow light? Always? Under all circumstances?

Heck, I even once deliberately ran a red light--at which I had stopped no less--and if a camera had caught be I would have fought it in court.

To be more specific, there were two straight-ahead lanes and one left-turning lane on a divided road. I was the #1 car in the left of the two straight-ahead lanes, and all the other lanes were occupied by stopped vehicles. All lanes of cross-traffic were occupied by stopped vehicles. I had slowed down to a stop at the yellow light when--just before the light turned red--I noticed that the car that had been some distance behind be wasn't any more and was travelling way too fast to stop. I floord the accellerator and almost certainly entered the intersection after the light had turned red (but before the opposing lights had turned green) and was passed in the intersection by the other vehicle.

I am quite certain that for me or one of the vehicles on either side of me to have run the red light was the only way to prevent the other driver from colliding with someone very hard. So which takes precedence--the red light, or the need to prevent accidents?

129 posted on 12/15/2003 5:07:09 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: Bloody Sam Roberts
That's kind of what I was talking about when I mentioned a pissed off LEO. That law as written is open to some interpretation. And it is a guarantee that if you are stopped by a cop whose interpretation differs from yours, you will lose. Always. And once that happens...well, you've read the stories as much as I have.

It's not unlike my favorite - 'driving too fast for conditions'. You can be ticketed even if you're going the speed limit, provided certain conditions exist (rain, snow, sleet). I suppose the presumption is if you get in an accident during any of these conditions, you bear the burden of proving you were not.

130 posted on 12/15/2003 5:07:50 PM PST by ClintonBeGone
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To: supercat
So which takes precedence--the red light, or the need to prevent accidents?

Technically, you still violated the law. But think about it, if someone had been there to ticket you, someone would have been there to also see what happened. It's likely the LEO would have passed you by to pinch the guy behind you.

131 posted on 12/15/2003 5:10:10 PM PST by ClintonBeGone
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To: ClintonBeGone
It's not unlike my favorite - 'driving too fast for conditions'. You can be ticketed even if you're going the speed limit, provided certain conditions exist (rain, snow, sleet). I suppose the presumption is if you get in an accident during any of these conditions, you bear the burden of proving you were not.

Actually, that would not be unreasonable were it combined with the converse: if you are able to remain in safe and consistent control of your vehicle, that would suggest that you are not driving too fast for conditions.

132 posted on 12/15/2003 5:10:18 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: supercat
speechless, eh?
133 posted on 12/15/2003 5:10:41 PM PST by ClintonBeGone
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To: ClintonBeGone
Technically, you still violated the law. But think about it, if someone had been there to ticket you, someone would have been there to also see what happened. It's likely the LEO would have passed you by to pinch the guy behind you.

I believe Illinois allows a "necessity" defense for any crime other than a Class I or Class X felony: if you can show that a certain action was necessary to prevent the severe bodily harm to you or any other person, and you can show that you did not through your own criminal or negligent action create the situation necessitating such action, then such action shall not be prosecuted.

If there were a cop there, I agree the cop would have most likely gone after the other vehicle (no mere moving violation; that guy should have been nailed for felony reckless driving since he was driving in such a way that there was no way he could have foreseen being able to avoid an accident). But if it were one of the cameras, I'm not quite sure what it would have shown. I don't know how fast the cameras can recycle, but if the other guy had been caught on film I certainly would have demanded a copy. I also would have demanded information about how their speed sensors worked (many cams measure a vehicle's speed in the intersection). If the other car picked up on one speed report but not the other, even if it wasn't photographed, it would have been interesting to ask a traffic court judge to explain how a Chevy Prizm can go from 5mph to 70mph in half a second.

More generally, btw, incidents like that are part of the reason I seriously distrust red-light cameras. A complete examination of the evidence would show that my behavior was necessary and thus legal, but a red-light cam might not have captured enough information for me to acquit myself.

134 posted on 12/15/2003 5:26:30 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: yall
The Supreme Court issued a traffic warning Monday: Beware of whom you ride with. If drugs are found in a vehicle, all occupants can be arrested, the justices said in a unanimous decision.
It was a victory for Maryland and 20 other states.






The people of the USA were issued a warning Monday:
Beware of those whom you elect.
If 'prohibited' property is found in a vehicle, all occupants can be arrested, the justices said in a unanimous decision.
It was a 'victory' for Maryland and 20 other states, but a blatant violation of our constitutions principles.
135 posted on 12/15/2003 5:29:27 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out the Rickenbacker in me.)
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Comment #136 Removed by Moderator

To: Cultural Jihad
It is not about drugs at all. I don't use them. It is about being arrested for something that you have no knowledge of. It would be ok to be taken in and questioned. It is not ok to arrest someone unless you can show that they were involved.
137 posted on 12/15/2003 6:40:05 PM PST by Revel
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To: Revel
I think I would rather not. Although he had a prescription. So I don't see how they could go after me for that.
138 posted on 12/15/2003 6:42:43 PM PST by Revel
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To: Cultural Jihad
Lets say you have a friend and he is carring something illegal in his pocket and you don't know it. So you invite him to go and get something to eat. There is not the slightest idea of any drugs. So you get pulled over and a police dog smells what is in his pocket. Bam...your hauled off to jail too. Talk about creating fear. If you even have the slightest idea that anyone may do any drugs then you best just call them dead and refuse to talk to them. Let them rot in the error of there ways. Offer them no love and no friendship. Maybe then they will turn to the really hard stuff. No matter if they live through it there may be help at some tax payer funded clinic.
This where this kind of justice leads. Leave me alone I want nothing to do with anyone who is not in "Who's who in America".
139 posted on 12/15/2003 6:50:15 PM PST by Revel
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To: Husker24
How about if you're the cabbie -- any ride you pick up can send you up the river!
140 posted on 12/15/2003 6:50:23 PM PST by Ed_in_NJ
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