Fw: Court Decision Impacts Vehicle Searches

[Guest guest]

Interesting...my understanding is that the search of the vehicle, IF DONE

at the time of impounding, as a part of a vehicle inventory, is still

considered reasonable. Note that this is NOT the same as a field search on the

side of the road. Previously, field searches were allowed 'for reasons of

officer safety,' to make sure that there were no weapons in easy reach of

occupants, and no evidence that could be easily destroyed by the suspect. In

the referenced case from Arizona, the occupant of the vehicle was reportedly

handcuffed and secured in the back of the patrol car, and could not have

offered any significant threat to the officers involved.

Other takes on the story

(_http://www.wlio.com/localNews.aspx?NewsID=10965_

(http://www.wlio.com/localNews.aspx?NewsID=10965)

_http://beloitdailynews.com/articles/2009/04/24/news/local_news/news2405.txt

_

(http://beloitdailynews.com/articles/2009/04/24/news/local_news/news2405.txt)

),

indicate that if a suspect has drugs on his person, then further searching

of the vehicle is allowable. In addition, I don't see anything that would

prohibit a drug dog evaluation of the vehicle, and a positive reaction by a

certified drug dog remains 'probable cause' for a search warrant. This is

part and parcel of the Founding Principles of the US, which includes the

quote, " It would be better to let ten murderers to go free, than hang one

innocent man. "

As far as the " 100,000 of crimes " part, I suspect that is prosecutorial

hyperbole, rather than a true impact on society.

We'll not get into the almost 100 years of failure of the 'War on SOME

Drugs,' even if that is the source of a rather large percentage of the

thousands of crimes referenced, not to mention border violations, rape, murder,

theft, etc. that the 'War on SOME Drugs' has engendered.

We'll see what the lawyers on the list have to say...

ck

S. Krin, DO

In a message dated 4/25/2009 06:41:19 Central Standard Time,

haussecker87@... writes:

Subject: Court Decision Impacts Vehicle Searches

This Supremem Court ruling in effect immediately will be interesting to

say the least. From what I listened to yesterday they can't search your

vehicle just because they arrested you anymore, and it will effect pending

cases

according to several major County DAs. The DAs are saying 100,000 of

crimes will just have to be let go, and folks look the other way. The price of

FREEDOM does have a price that all must accept if they wish to be truly FREE!

Ron

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(http://www.kbtx.com/home/headlines/43651807.html)

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[Guest guest]

Subject: Court Decision Impacts Vehicle Searches

This Supremem Court ruling in effect immediately will be interesting to say the

least. From what I listened to yesterday they can't search your vehicle just

because they arrested you anymore, and it will effect pending cases according

to several major County DAs. The DAs are saying 100,000 of crimes will just have

to be let go, and folks look the other way. The price of FREEDOM does have a

price that all must accept if they wish to be truly FREE!

Ron

http://www.kbtx.com/home/headlines/43651807.html