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Author Topic:   Supreme Court Decision on car searching
Coyote
Member (Idle past 2137 days)
Posts: 6117
Joined: 01-12-2008


Message 2 of 34 (506033)
04-21-2009 11:32 PM
Reply to: Message 1 by Taz
04-21-2009 10:58 PM


My reading of the constitution leads me to believe that those broad searches "because they can" are out of bounds.
I agree with this decision.

Religious belief does not constitute scientific evidence, nor does it convey scientific knowledge.

This message is a reply to:
 Message 1 by Taz, posted 04-21-2009 10:58 PM Taz has replied

Replies to this message:
 Message 3 by Taz, posted 04-21-2009 11:36 PM Coyote has replied

  
Coyote
Member (Idle past 2137 days)
Posts: 6117
Joined: 01-12-2008


Message 4 of 34 (506036)
04-21-2009 11:48 PM
Reply to: Message 3 by Taz
04-21-2009 11:36 PM


From my understanding, part of the reason why cops search the vehicle after a traffic arrest is to inventory what's there so the subject can't come back 2 days later claiming there was a million dollar diamond ring in the trunk or something like that that was gone by the time he got to it after the arrest.
Sorry. That's as phony an excuse as you could ever find.
Past history suggests that they don't care much about contents, but they do care about evidence that can be used in a criminal case--or large amounts of cash which they can misappropriate for their own department.

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 Message 5 by subbie, posted 04-22-2009 12:15 AM Coyote has replied

  
Coyote
Member (Idle past 2137 days)
Posts: 6117
Joined: 01-12-2008


Message 6 of 34 (506041)
04-22-2009 12:20 AM
Reply to: Message 5 by subbie
04-22-2009 12:15 AM


Coyote, the excuse isn't phony as applied to impound cases. It's important to keep in mind that the Fourth Amendment prohibits unreasonable searches. It doesn't require a warrant in all cases. Look at it this way. Imagine you are arrested for an unpaid parking ticket you forgot about and, at the time of the arrest, you have a laptop computer in your car. Would you want the police to leave that in the car as it sits in the impound lot, or take possession of it until such time as you sort out the ticket?
If the police department has an established policy of conducting an inventory search of all seized vehicles, any search conducted pursuant to this policy is reasonable, because there's a rational for the search other than looking for incriminating evidence.
No problem then.
Of course, any incriminating evidence would just be incidental to the true purpose of the search, and would be dismissed.
Right?
Right?

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 Message 5 by subbie, posted 04-22-2009 12:15 AM subbie has replied

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