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police can now search your car if you are arrested near it

Discussion in 'Channel Zero' started by Dusty Lipschitz, May 25, 2004.

  1. http://www.cnn.com/2004/LAW/05/25/scotus.c...s.ap/index.html

    Police can search parked cars
    With 7-2 decision, Supreme Court applies previous ruling's concerns
    Tuesday, May 25, 2004 Posted: 8:27 AM EDT (1227 GMT)

    WASHINGTON (AP) -- Police can search a parked car for drugs, guns or other evidence of a crime while arresting a driver or passengers nearby, the Supreme Court ruled Monday.

    The high court has already ruled that officers can search a car when arresting someone inside, and the same rule now applies if a motorist or passenger gets out of the car.

    The 7-2 ruling addressed a common situation, in which police pull over a suspicious car or come upon it while it is parked. Sometimes motorists get out of the car before an officer approaches, and it was not clear until now whether police had leeway to search the car.

    "In all relevant aspects, the arrest of a suspect who is next to a vehicle presents identical concerns regarding officer safety and the destruction of evidence as the arrest of one who is inside the vehicle," Chief Justice William H. Rehnquist wrote.

    Once told he is under arrest, a suspect outside a car could still lunge inside for a weapon, Rehnquist wrote.

    "It would make little sense to apply two different rules to what is, at bottom, the same situation," Rehnquist wrote for himself and Justices Sandra Day O'Connor, Anthony M. Kennedy, Clarence Thomas and Stephen Breyer. Justices Antonin Scalia and Ruth Bader Ginsburg agreed with the outcome.

    The ruling would apply only when a suspect was arrested close to a car, and would not apply to an abandoned car with no driver or recent occupant in sight.

    Justices John Paul Stevens and David Souter dissented.

    The new rule invites too many problems, Stevens wrote. "We are not told how recent is recent, or how close is close," he wrote.

    The case involved the 2001 search of a Virginia man's gold Lincoln Town Car. He had been driving in Norfolk, Virginia, when an officer noticed his flashy car and ordered a computer check that found the tag was issued for a 1982 Chevrolet. Before the officer could stop Marcus Thornton to give him a ticket, Thornton pulled into a shopping center parking lot and got out.

    The officer arrested Thornton after he found marijuana and crack cocaine in Thornton's pocket. After handcuffing Thornton, the officer searched the car and found a gun.

    The case is Thornton v. United States, 03-5165.
  2. atrocks

    atrocks New Jack

    Joined: Nov 25, 2002 Messages: 0 Likes Received: 0
    boo-urns....i mean i can understand where the court is coming from...but i just know that the vague standard this law may set will be abused by police for sure.....
  3. metallix

    metallix Elite Member

    Joined: Oct 7, 2001 Messages: 2,955 Likes Received: 1
    you have no rights/liberties anymore. don't even bother. constitution is looooooooooooooooooooooong gone. never coming back.

    doesn't exist anymore

    nothing to see here.

    i don't even understand why education still keeps teaching it in schools?
  4. Nutonce

    Nutonce Member

    Joined: Oct 31, 2001 Messages: 786 Likes Received: 0
    the cops have been doing that, they do whatever they want and there is nothing we can do about it. it will only get worse.
  5. sarcasm

    sarcasm Elite Member

    Joined: Oct 30, 2003 Messages: 3,352 Likes Received: 35
    the "high-court" sounds....welll.....high
  6. Gunm

    Gunm Banned

    Joined: Aug 31, 2003 Messages: 12,427 Likes Received: 2
    that's why you rig your car the way Mel Gibson did in Road Warrior. If someone trys to muck around with your vehicle you rig that sucker to explode.

  7. timemachine

    timemachine Banned

    Joined: Mar 21, 2004 Messages: 773 Likes Received: 0
  8. me IS cool

    me IS cool Guest

    uhhhh... just make sure you leave the pennies in the ash tray alone I'm trying to save them.

  9. timemachine

    timemachine Banned

    Joined: Mar 21, 2004 Messages: 773 Likes Received: 0
    ha arent we all
  10. timemachine

    timemachine Banned

    Joined: Mar 21, 2004 Messages: 773 Likes Received: 0
    my buddy used to hid his dope in his steering column we got pulled over so many times but never got busted
  11. T=E=A=S=E

    T=E=A=S=E Elite Member

    Joined: Mar 27, 2004 Messages: 3,271 Likes Received: 0
  12. adderall

    adderall Elite Member

    Joined: Jun 10, 2003 Messages: 2,921 Likes Received: 1
  13. Vanity

    Vanity Veteran Member

    Joined: Apr 11, 2000 Messages: 7,673 Likes Received: 6
    what if you run away from your car, so you couldn't possibly get to it to put the cop in danger? (granted, you'd get and obstruction of justice then)
  14. InDY_500

    InDY_500 Veteran Member

    Joined: Sep 30, 2002 Messages: 5,169 Likes Received: 67
    There is nearly no more privacy........Everything we own is being lost almost everyday......And its showing no sign of stopping.....

    The only question is what is the next thing they'll take?
  15. johnny

    johnny Dirty Dozen Crew

    Joined: Feb 15, 2003 Messages: 7,231 Likes Received: 16
    leeway's born to expire and desperate measures are so fucking good.