High Court Limits Searches of Suspect's Car After Arrest

[babsbunny]

http://www.washingtonpost.com/wp-dyn/content/article/2009/04/21/AR2009042102125.html?hpid=topnews

By Robert Barnes
Washington Post Staff Writer
Tuesday, April 21, 2009; 2:10 PM

The Supreme Court today sharply limited the power of police to search a suspect's car after making an arrest, acknowledging that the decision changes a rule that law enforcement has relied on for nearly 30 years.

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.

[merh]

1. wow - Scalia & Thomas & Stevens joined Souter & Ginsburg

"Blind adherence to Belton's faulty assumption would authorize myriad unconstitutional searches," Stevens said, adding that the court's tradition of honoring past decisions did not bind it to continue such a view of the law.

"The doctrine of stare decisis does not require us to approve routine constitutional violations."

Stevens was joined by two of his most liberal colleagues -- Justices David H. Souter and Ruth Bader Ginsburg -- and two of his most conservative -- Justices Antonin Scalia and Clarence Thomas.

Opinion found here:
http://www.supremecourtus.gov/opinions/08pdf/07-542.pdf

[DCKit]

2. Fascist cop's heads are exploding all over the place tonight.

It's going to take years for the bad cops to get on board with this. Most of them have never known any other way.

------ and ------

Holy Shit!! What court was this?????? I am stunned.

[ProgressiveProfessor]

4. I have refused being searched several times...it makes them crazy

"Officer, am I being detained or am I free to go and I do not consent to a search"

[JonLP24]

3. Wow. How does it change exactly?

I remember reading about search & seizure and it basically said don't put anything in your car that you don't want a cop to find.

[Stinky The Clown]

5. This is a little worrying to me ..... not following stare decisis in this one could mean trouble ...

..... for Roe v Wade down the line.

Yes, this is a good decision. I just don't trust the five thugs on this awful court. I'm waiting to hear the word "precedent" and not being happy about it.

[DCKit]

6. Oddly enough, I saw yet another search this evening. I really need a good camera.

If you didn't know, driving through certain DC neighborhoods with out-of-state tags is "reasonable cause" and will remain so for the foreseeable future.