Thursday, April 23, 2009

Supreme Court limits car searches without warrants

On Tuesday, the Supreme Court ruled that police needed a search warrant to search the vehicle of an arrested person if the person is locked in a patrol cruiser and poses no threat to the officer. This 5-4 decision is said to put many new restrictions on police officers, stopping them from searching the vehicle immediately after an arrest. The warrantless searches can still take place if the officer has reason to believe evidence regarding the arrest can be found in the car.

The new ruling is mainly dealing with daily cases where cops will pull someone over. As long as one isn't a threat to the officer, or has any reason to be suspected of suspicious activity, their vehicle can't be randomly searched. Of course, drunk or otherwise influenced drivers don't get a free pass if the police thinks the offending substance is still in the car. Still, it's an interesting step towards more rights for the accused that will probably be well received.

5 comments:

Albert A said...

With the amount of accidents due to wreckless driving, i was also surprised by the ruling. The Supreme Court seems to be a little conservative, in this ruling benefits the drivers. I believe that it will make a difference in those states were people are descriminated and profile due to police officers with prejudice.

sam & jo said...

I agree that this ruling will be taken well by the public because, after all, it does make sense. Obviously if you threaten the officer in any way or you're intoxicated with alcohol or a drug, you have a valid reason to be searched. However, if you have done nothing, it would not make sense for the officer to conduct a random search in your vehicle. In this case, it would be an invasion of privacy and... it would be a step over the line, in my opinion anyways.

Aly C. said...

I am not suurprised by this decision given that it upheld a previous decision in Arizona vs. Gant. In this case Rodney Joseph Gant was handcuffed and put in the back of a patrol car when police searched his car and found cocaine and drug paraphernalia.

The trial judge said the evidence could be used against him, but the Arizona appeals court overturned Gant's conviction because the police were under no threat for their safety and there was no possibility of evidence being destroyed.

Anonymous said...

Lauren C. Strojny- I am not surprised by this decision; honestly I think it is about time that they ruled out warrantless car searches. Too many people are randomly searched without any substantial reason, obviously if the police officer believes that the intoxicated person has drugs or alcohol in the car there is reason to search. Even to this day there is still racism, and officers search these people’s cars without warrants. I think this is a step in the right direction.

Kimiya Bahmanyar said...

I'm not amazed by the decision, but I do not think this will slow any law enforcement officer down, since if they can see something illegal in your car or any other probable cause, getting that warrant is not going to be very difficult. But hopefully this doesn't lead people to think that they can be a little less caution and smart about things they have in their car.
~Kimiya Bahmanyar