Supreme Court Cuts Back Officers’ Searches of Vehicles

[Seburiel]

http://www.nytimes.com/2009/04/22/us/22 ... r=2&ref=us" onclick="window.open(this.href);return false;

WASHINGTON — The Supreme Court on Tuesday significantly cut back the ability of the police to search the cars of people they arrest.

I looked for this, but didn't find it..
-S.

[Keith B]

http://www.nytimes.com/2009/04/22/us/22 ... r=2&ref=us

WASHINGTON — The Supreme Court on Tuesday significantly cut back the ability of the police to search the cars of people they arrest.

I looked for this, but didn't find it..
-S.

Here is the syllabus http://www.supremecourtus.gov/opinions/08pdf/07-542.pdf" onclick="window.open(this.href);return false;

[DrinkRaiderade]

Wow...

[Keith B]

Looks like they have extremely narrowed down the probable cause for search. This means if they want to search without meeting the guidelines laid down by the SCOTUS, then they will have to request a warrant. This will mean a lot of traffic stops will NOT result in a search that was legal before and many bad guys will be released to go on about their business of doing nasty things.

[kd5zex]

This is good decision, we must preserve all of our rights. While probable cause is a useful tool, it needs to be severely limited and scrutinized often as it is very easily abused.

[jimlongley]

One problem that I see is that having a concealed handgun, whether CHL or just vehicle carry, might be construed as probaqble cause. We know that there are LEOs out there who will disarm a CHL "for safety" (which is utter bovine scatology) and I can envision the same searching the car for the same reason, and we all know that they do a very neat job and put everything back where they found it.

[boomerang]

Very nice to see some restraint being applied to fishing expeditions.

[stevie_d_64]

I, for one, have never understood the whole CHL (CCW) = "probably cause", for anything other than, "Here is your ticket, this is not an admission of guilt, just a citation that you agree to appear in court to resolve this matter. Have a nice day, and watch your speed sir"...

The whole level of scrutiny varies from jurisdiction to jurisdiction, state to state...We kinda know where the "bad" areas are, so we try to aviod them,and of course obey traffic laws so that we do not draw the attention that puts folks in this predicment...

To make myself feel better, I go buy a lottery ticket after I get a traffic citation...Just because I feel lucky...Hasn't panned out yet on the money side...But at least I feel better...