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4th Amendantment weakens - Warrantless Vehicle searches

Discussion in 'Legal & Political Archive' started by OreGunSun, Apr 22, 2009.

  1. OreGunSun

    OreGunSun PDX/Clackamas Member

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    Well some good news that weakens warrantless vehicle searches and restores some of our 4th amendment rights.

    ( Not that you will not be asked to waive your rights to a search) I don't have anything to hide or to be scared of , we have enough invasion of our privacy in the digital age and permanent electronic tracking and records.

    Not that I transport contraband or anything illegal - yet it is just like when you have had your house or car broken into you feel violated and at less at peace - the same when someone pokes their nose where it doesn't belong and riffles through your belongings.

    Supreme Court Ruling Curbs Unattended Car Search By Cops Without Warrant
    http://www.allheadlinenews.com/articles/7014878369

    April 21, 2009 11:25 p.m. EST

    Matthew Harvey - AHN Matthew Harvey

    Washington, D.C (AHN) - The U.S. Supreme Court on Tuesday ruled that police need a warrant to search an unattended vehicle and overturned the three-year sentence on a man caught driving without a license but whose car yielded cocaine and a handgun after a warrantless search.

    The verdict favored by five justices led by Justice John Paul Stevens against four who dissented said the Fourth Amendment of the Constitution does not permit the warrantless search of a car unless the life of a police officer is in danger or evidence might be destroyed or concealed.

    Agreeing with Stevens were Justices Ruth Bader Ginsburg, Antonin Scalia, David Souter and Clarence Thomas. Justices Samuel Alito, Stephen Breyer, Anthony Kennedy and Chief Justice John Roberts gave the dissenting opinion.

    According to Csmonitor.com, Justice Alito said, "The ruling will cause the suppression of evidence gathered in many searches carried out in good-faith reliance on well-settled case law."

    The verdict stemmed from an appeal by Arizona citizen Rodney Gant of his three-year prison sentence for drug paraphernalia and cocaine for sale. The drug and gun were found by Tucson police when he was arrested for a traffic violation in 1999.

    In his trial, defense lawyers argued that the warrantless search was unreasonable illegal as Gant was already out of the car and in the backseat of a police cruiser.

    Arizona prosecutors said the circumstance had outweighed the violation of privacy and the trial court convicted and sentenced Gant. Gant appealed the ruling before the Arizona Supreme Court and the Court of Appeals.
     
  2. Contento

    Contento Seattle Member

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    Bit of a misleading title, no? ;)


    I think this strengthens the 4th amendment
     
  3. Buddhalux

    Buddhalux Hillsboro, Oregon Active Member

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    Does that affect the warrentless searches and siezures of the the Border patrol though?
     
  4. OreGunSun

    OreGunSun PDX/Clackamas Member

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    Yeah I just read it and I even misspelled Amendment - I was headed out the door -
    It should have read SC weakens warntless searches of Vehicles.
     
  5. OreGunSun

    OreGunSun PDX/Clackamas Member

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    Just don't take any electronic storage devices with personal critical data on them - I would be in a bind without some of the data on my laptop - yeah I back up- just not enough.

    It is not just the BP we are being trained at the Airport at some schools and in Government buildings to submit our selves and personal effects to search - unless you fly private or chartered planes.

    I remember in the early 90's going through 20 questions and all my luggage with Customs and Immigrations flying in from Asia and connecting through Honolulu to the mainland.

    Yeah our rights are being chipped away day by day - the Constitution is not just for the guilty.
     
  6. Buddhalux

    Buddhalux Hillsboro, Oregon Active Member

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    I'd like to see the look on a BP's face if they siezed an electronic device and then the owner used a remote to melt it down while in their hands.
     
  7. Redrum

    Redrum Portlandia Active Member

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    searches at border crossings have never required a warrant..the fourth ammendment does not and has never applied when attempting to enter the US from outside the US

    its called the "border search exception" and anything can be randomly searched including the contents of your cell phone/Ipod/laptop..to conduct a strip search or body cavity search of a person, all that is needed is reasonable suspision.
     
  8. Oro

    Oro Western WA Active Member

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    There's a hilarious scene along those lines in Cryptonomicon by the PNW's own Neal Stephenson. Great book - it's from about 2000 but I re-read it recently. Very good read.