[Supreme Court] Justices limit car searches without warrant

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HughMungus
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[Supreme Court] Justices limit car searches without warrant

Post by HughMungus » Tue Apr 21, 2009 1:17 pm

Justices limit car searches without warrant
Police barred from searching vehicle if suspect is no longer a danger

WASHINGTON - The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers.

The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect, particularly when the alleged offense is nothing more serious than a traffic violation.

http://www.msnbc.msn.com/id/30328976/
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Elderberry
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Post by Elderberry » Tue Apr 21, 2009 1:32 pm

I wonder if that also applies to tents! :)

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Then I realized that the Lord doesn't work that way so I stole one and asked Him to forgive me

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Apollonaris Zeus
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Re: [Supreme Court] Justices limit car searches without warr

Post by Apollonaris Zeus » Tue Apr 21, 2009 1:32 pm

So, you quickly jump into the back of the cruiser when you are in possession?

What happens when they pull you over for a traffic incident and your car reeks. tell him, "Sorry officer for speeding" and tape the encounter?

Like this change isn't open to abuse and would lead to more false reports being filed?

But it is a change to clarify rights.

AIIZ

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HughMungus
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Re: [Supreme Court] Justices limit car searches without warr

Post by HughMungus » Tue Apr 21, 2009 1:54 pm

Apollonaris Zeus wrote:So, you quickly jump into the back of the cruiser when you are in possession?

What happens when they pull you over for a traffic incident and your car reeks. tell him, "Sorry officer for speeding" and tape the encounter?

Like this change isn't open to abuse and would lead to more false reports being filed?

But it is a change to clarify rights.

AIIZ
You have to be within reach of the driver's comparment. Police generally move you away from the driver's compartment if you are removed from a car.

Regarding my car reeking, I don't do anything and drive so not a problem for me.
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Impact on Caballes vs. Illinois?

Post by MoisturePup » Mon Apr 27, 2009 4:27 pm

I wonder if this has any bearing on http://en.wikipedia.org/wiki/Illinois_v._Caballes

That is the case where the police basically have the right to search any vehicle if a drug sniffing dog "alerts."

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