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Old April 21st, 2009, 05:27 PM   #1
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Default Supreme court rules on police searches of vehicles. Search warrant is now needed

http://www.washingtonpost.com/wp-dyn...042102125.html
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Old April 21st, 2009, 07:16 PM   #2
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This won't have much of an impact on our day to day operations. As usual, the cops in this case used the wrong exception to the search warrant rule. I would have impounded the vehicle and inventoried its contents prior to the wrecker leaving with the car.

Further, this ruling has no impact on the normal "wingspan" search of a suspect post arrest. Don't read into it more than there is. This is just the liberal Washington Post trying to spew their liberal filth again.
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Old April 21st, 2009, 08:36 PM   #3
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Im not a cop, but Im not even sure what this changes?

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In a decision written by Justice John Paul Stevens, an unusual five-member majority said police may search a vehicle without a warrant only when the suspect could reach for a weapon or try to destroy evidence or when it is "reasonable to believe" there is evidence in the car supporting the crime at hand.
I guess I thought this is the way it always was. If the crime at hand is dui cant they go ahead and search because its reasonable to believe theres still shit in the car?
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Old April 22nd, 2009, 06:45 PM   #4
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Im not a cop, but Im not even sure what this changes?



I guess I thought this is the way it always was. If the crime at hand is dui cant they go ahead and search because its reasonable to believe theres still shit in the car?
Yes. Absolutely they can. In this particular case, they arrested a guy for driving on a suspended license AFTER he had walked away from the car. He was arrested, the officers walked back to the car and searched it under the warrantless rule/exception "search incident to an arrest". The court rejected that as the basis for a warrantless search as the suspect was already under arrest for driving with a suspended license and the police could not have possibly found evidence for that offense in the car. Mostly due to the fact that he was already under arrest and not in control of the car any longer AND what evidence for suspended license could they possibly be looking for at that point? Incidentally, they found drugs in the car.

If they would have used one of the other exceptions to the search warrant rule they would have been fine. The court is NOT saying that if the police arrest a driver who is driving on a suspended license that the police cannot search the immediate area of the car subsequent to an arrest.

Like I said, not that big of a deal to me. We'll deal with it and move on.
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Old April 22nd, 2009, 07:02 PM   #5
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This won't have much of an impact on our day to day operations. As usual, the cops in this case used the wrong exception to the search warrant rule. I would have impounded the vehicle and inventoried its contents prior to the wrecker leaving with the car.

Further, this ruling has no impact on the normal "wingspan" search of a suspect post arrest. Don't read into it more than there is. This is just the liberal Washington Post trying to spew their liberal filth again.
the catch all!!!!

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Yes. Absolutely they can. In this particular case, they arrested a guy for driving on a suspended license AFTER he had walked away from the car. He was arrested, the officers walked back to the car and searched it under the warrantless rule/exception "search incident to an arrest". The court rejected that as the basis for a warrantless search as the suspect was already under arrest for driving with a suspended license and the police could not have possibly found evidence for that offense in the car. Mostly due to the fact that he was already under arrest and not in control of the car any longer AND what evidence for suspended license could they possibly be looking for at that point? Incidentally, they found drugs in the car.

If they would have used one of the other exceptions to the search warrant rule they would have been fine. The court is NOT saying that if the police arrest a driver who is driving on a suspended license that the police cannot search the immediate area of the car subsequent to an arrest.

Like I said, not that big of a deal to me. We'll deal with it and move on.

see above
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Old April 22nd, 2009, 07:08 PM   #6
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Ahh, got to love GLs finest cops explaining how they will get around a ruling from the Supreme Court. . . way to uphold the law fellas!
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Old April 22nd, 2009, 08:54 PM   #7
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Ahh, got to love GLs finest cops explaining how they will get around a ruling from the Supreme Court. . . way to uphold the law fellas!
You are being a fucking dick head. If you really read my post what you would have read is that cops themselves, who make mistakes pertaining to the law, court rulings and specifically exceptions to the search warrant rule are their own worse enemy. Their mistakes, usually innocent, bring about court rulings that may be considered "unfavorable" by some cops. The way I view it is, the system worked. The court did its job and we will get by with some new rules to follow.

In the case cited, the police searched the car post-arrest, stated in their reports that they did so "subsequent to a lawful arrest" (which is one of the exceptions) and painted themselves into a corner so to speak by wrongly stating one of the search warrant exceptions that did not apply.........they made a mistake.

Why don't you quit being such a cock sucker and you might just learn something?
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Old April 22nd, 2009, 08:57 PM   #8
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Old April 23rd, 2009, 01:35 PM   #9
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I say that if a cop sees a need to search your vehicle, then they should be allowed to. If you don't have anything to hide, then you shouldn't worry.
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Old April 23rd, 2009, 02:15 PM   #10
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I say that if a cop sees a need to search your vehicle, then they should be allowed to. If you don't have anything to hide, then you shouldn't worry.
this coming from the guy who doesnt think should be allowed to own firearms. you liberal puke, eat shit and die.
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Old April 23rd, 2009, 02:20 PM   #11
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this coming from the guy who doesnt think should be allowed to own firearms. you liberal puke, eat shit and die.
Well, he did vote for Obama
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Old April 23rd, 2009, 02:22 PM   #12
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Well, he did vote for Obama
so you are saying he is retarded?
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Old April 23rd, 2009, 02:32 PM   #13
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Unless you murder or rape someone, the cops should just mind their own fucking business. There, I just condensed all law into one line.
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Old April 23rd, 2009, 02:33 PM   #14
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so you are saying he is retarded?

Well, he did vote for Obama
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Old April 23rd, 2009, 02:43 PM   #15
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I say that if a cop sees a need to search your vehicle, then they should be allowed to. If you don't have anything to hide, then you shouldn't worry.

so should cops make random house visits too to see if you are doing anything illegal? if you are not doing anything then there is no reason to worry.

I had an overzealous cop search my car before. I was driving legally through a subdivision and he pulled me over. He said some car had been broken into in the neighborhood a couple of nights ago and he wondered what i was doing. He made me get out while he went through my whole car questioning everything in it. Then after he pulled everything out, i had to put it all back in. I was like 17 at the time and he probably just figured he would pull me over to harass me. it was bullshit. Sure i could have tried to have said no, but he would have found 'probably cause' somehow.
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Old April 23rd, 2009, 03:02 PM   #16
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I got pulled over in Nevada. He asked for my license and registration, I gave it to him and told him I was carrying. He asked where, I told him.
He asked if there were any other weapons in the vehicle. I said "yes, about a dozen".
He asked if he could search my truck, I said no.
He asked me to exit the truck and stand at the rear bumper, I complied.
He stood at the door and looked in my truck. Did not touch, eyes only.
He wrote me a ticket for 45 in a 25. He said he could tow my truck for michigan plates. I explained to him I was working in Nevada and living in Tahoe for the summer. He explained to me I needed to swith my plates to nevada. (total BS).
He never disarmed me.

Where he got me is posted 45, I went to court pleaded not guilty and armed with photos of the sign and place he stopped me, beat the ticket.

He may have been a dick, but at the curbside he is in control.

Deny him permission to search, if he searches anyway, it's "fruits of the poison tree".
It's not what happens, it's how he writes the report. Work it.
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Old April 23rd, 2009, 03:25 PM   #17
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Originally Posted by MISHOWJEEPER View Post
Unless you murder or rape someone, the cops should just mind their own fucking business. There, I just condensed all law into one line.
I think used car dealers, most of whom sell junk cars at overinflated prices, should be castrated and hung upside down. Before they bleed out, the little old ladies they have ripped off should be brought in to hit the bleeding used car dealer with sticks like a giant piñata until he dies.
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Old April 23rd, 2009, 03:27 PM   #18
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I think used car dealers, most of whom sell junk cars at overinflated prices, should be castrated and hung upside down. Before they bleed out, the little old ladies they have ripped off should be brought in to hit the bleeding used car dealer with sticks like a giant piñata until he dies.
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Old April 27th, 2009, 05:47 AM   #19
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So you are saying that cops will just impound the cars so they can "inventory" it?
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Old April 29th, 2009, 10:05 AM   #20
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So you are saying that cops will just impound the cars so they can "inventory" it?
Yes, but they will not notate your stash. That will just "disappear".
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