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Invalid arrest allows unrelated search - SCOTUS
Submitted by jkeehn1 on Wed, 04/23/2008 - 11:15
Not surprising to see George W and cronies lining up behind this one.... http://hosted.ap.org/dynamic/stories/S/SCOTUS_SEARCH?SITE=FL... » |
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Moore Arrested on Suspended License - How Did the Cops Know?
Here are the facts of this case (see: http://www.scotusblog.com/movabletype/archives/06-1082_pet.pdf) .
Mr. Moore was stopped when detectives observed him driving on a suspended license (refer to page 14 of the PDF file). He had not been driving recklessly (e.g., speeding, moving violation, etc.). What I don't understand is the reasonable suspicion the officers used to stop Moore in the first place. How do you notice that someone who is driving a motor vehicle is doing so with a suspended license?
The only way I can think of for a cop to determine a driver’s license status is by doing a plate check and vehicle owner information while the cop is following a car. But what is the reasonable suspicion to do so in this case? I believe a police officer cannot run a plate check based upon a “hunch”. There has to be facts supporting “reasonable suspicion”. It seems to me the initial stop and detention was not proper.
Perhaps someone who is a police officer can answer my question.
I’m also including the Supreme Court transcript from this case for anyone who is interested (http://www.supremecourtus.gov/oral_arguments/argument_transc...).
Courts Rule License Plate Checks Are Legal
Apparently, a vehicle license plate is not considered "private information"
but in fact public, and no violation of the 4th amendment occurs when a plate check is made by law enforcement for no reason.
(see: http://www.patc.com/weeklyarticles/license-plate.shtml)
I don't like this decision as it makes me feel law enforcement is constantly watching the driving public without reasonable suspicion.
fyi the gov't already has
fyi the gov't already has cars that take pictures of every license plate the car passes by and scans for any alerts with a screen showing the who what and why.
I wager
that this was a manufactured case to implement a new law. It would not be the first time....
"The body is but a vessel for the soul,
A puppet which bends to the soul's tyranny.
And lo, the body is not eternal,
For it must feed on the flesh of others,
Lest it return to the dust whence it came.
Therefore the soul deceives and despises."
They take everything too
Once they get into your house or vehicle, they take anything of value whether or not it was related to the crime, and sell it. And you don't get it back. And this is all without a warrant or being charged with a crime. Even worse is that this decision was based on a non-violent drug crime that is also unconstitutional.
In my meager amateur legal opinion
More importantly than the Fourth Amendment (that was discarded a while back), the Fifth Amendment is out the window on this one.
In my meager amateur legal opinion, they are basically saying that anything that you do or say or have in your possession in the presence of a police officer can and will be used against you and is grounds for search. You're automatically a witness against yourself in all instances under this ruling.
"We don't have to start a brand new revolution...All we have to do is restore the original Constitution." -Ron Paul
----
"...a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people." -John F. Kennedy
Ah, more of the "new
Ah, more of the "new freedom" which is no freedom at all. This is we're fighting against folks. We are fighting to restore the Constitution and federalism.
Miswrite?
We're are not fighting for Federalism, we're fighting AGAINST Federalism.
This is what the Civil War was all about, regardless of what your schoolbooks tell you. Slavery was a red herring to gloss over the true issue and get people rallied behind Federalism. Racism still exists today, but it is thinly veiled.
"The body is but a vessel for the soul,
A puppet which bends to the soul's tyranny.
And lo, the body is not eternal,
For it must feed on the flesh of others,
Lest it return to the dust whence it came.
Therefore the soul deceives and despises."
scary
reading that made me feel uncomfortable. bye bye bill of rights.
Let's Just Make Stuff Up! It's Perfectly Legal!!
Nice. Just in time for the FLDS issue.
FTA:
"WASHINGTON (AP) -- The Supreme Court affirmed Wednesday that police have the power to conduct searches and seize evidence, even when done during an arrest that turns out to have violated state law."
(...)
"Justice Ruth Bader Ginsburg said she (...) agrees that the arrest and search of Moore was constitutional, even though it violated Virginia law."
So much for that 4th, 9th and 10th Amendment nonsense.
/dripping with sarcasm
Exactly what I was thinking
they just legitimized their own crime.....
Everyday another step toward a police state...martial law is coming.
"The body is but a vessel for the soul,
A puppet which bends to the soul's tyranny.
And lo, the body is not eternal,
For it must feed on the flesh of others,
Lest it return to the dust whence it came.
Therefore the soul deceives and despises."
Over my dead body it is.
Over my dead body it is.