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This is an unbelievable ruling, particularly considering that Scalia and Thomas both ruled in favor of limiting the searches! The law has been, since 1981, that whenever you are arresteded, the cops can search the vehicle you were in right after the search -- commonly called SITA -- Search Incident to an Arrest. The Court now states that the cop has to have reasonable belief that the defendant can gain access to the vehicle or there is evidence in the vehicle relevant to the arrest.
Not sure how I feel about this ruling -- I'll have to download the oral hearing transcripts. I am all for more civil liberties but if you are arrested, I would think that your privacy rights would be more restricted than what has been articulated by this Court.
This is an unbelievable ruling, particularly considering that Scalia and Thomas both ruled in favor of limiting the searches! The law has been, since 1981, that whenever you are arresteded, the cops can search the vehicle you were in right after the search -- commonly called SITA -- Search Incident to an Arrest. The Court now states that the cop has to have reasonable belief that the defendant can gain access to the vehicle or there is evidence in the vehicle relevant to the arrest.
Not sure how I feel about this ruling -- I'll have to download the oral hearing transcripts. I am all for more civil liberties but if you are arrested, I would think that your privacy rights would be more restricted than what has been articulated by this Court.
If there is cause to search the vehicle of someone arrested, then they can get a judge to make the decision if it valid or not, not a cop that is possibility angry because of a chase or just because the arrested offered verbal or physical resistance.
I just read the Opinion about 5 mins ago, and I was surprised as well.
I lean a little to the left BUT I think that COPS should have almost full discretion to search and conduct investigations upon an arrest.
If I interpret this correctly say you get stop/arrested for DWI the cops cannot search your vehicle if it is not pertaining to why you were arrested.
If you have a truck full of cocaine and that has nothing to do with the original arrest the search is invalid?
Wow thats crazy!
Being arrested doesn't mean you are guilty of any crime.
Of course not... but for the last 30 years, if you are arrested, the cops had the ability to search your vehicle... they can't arrest without probable cause. It's just interesting that 2 ultra conservatives sided with the majority and an ultra-liberal sided with the dissent. It dramatically changes the law enforcement landscape... unless you consent, the police now basically cannot search your car after an arrest... they would have to wait for a warrant.
Of course not... but for the last 30 years, if you are arrested, the cops had the ability to search your vehicle... they can't arrest without probable cause. It's just interesting that 2 ultra conservatives sided with the majority and an ultra-liberal sided with the dissent. It dramatically changes the law enforcement landscape... unless you consent, the police now basically cannot search your car after an arrest... they would have to wait for a warrant.
I don't know how I square with the courts, but I figure if he had been arrested for being smelled of pot, they could search without a warrant for pot.
But with the little facts shown in the article, he was only arrested for driving with a suspended license, which the cops could probably of detected with their x-ray radar from a distance away.
This will have severe ramifications for Cops (the TV show).
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