Words of Advice:

"Never Feel Sorry For Anyone Who Owns an Airplane."-- Tina Marie

If Something Seems To Be Too Good To Be True, It's Best To Shoot It, Just In Case." -- Fiona Glenanne

Flying the Airplane is More Important than Radioing Your Plight to a Person on the Ground
Who is Incapable of Understanding or Doing Anything About It.
" -- Unknown

"There seems to be almost no problem that Congress cannot, by diligent efforts and careful legislative drafting, make ten times worse." -- Me

"What the hell is an `Aluminum Falcon'?" -- Emperor Palpatine

"Eck!" -- George the Cat

Tuesday, May 29, 2018

A Slight Pushback to the Police State

The Supreme Court is putting limits on the ability of police to search vehicles when they do not have a search warrant.

The court sided 8-1 Tuesday with a Virginia man who complained that police walked onto his driveway and pulled back a tarp covering his motorcycle, which turned out to be stolen. They acted without a warrant, relying on a line of Supreme Court cases generally allowing police to search a vehicle without a warrant.

The justices said the automobile exception does not apply when searching vehicles parked adjacent to a home.
It's nice to see that the 4th Amendment still has a few teeth left in it.


dinthebeast said...

I think they need some pushback, because even with good, settled law, it still depends on which cops, court, and judge you get whether that law does you any good.

In '95, the house in Berkeley I was living in got raided and they caught the landlord in the shed in the back yard with ten grams of methamphetamine.
They also came into the main house, where I was asleep on the couch after a long, tiring day at work, and my brand new housemate was in his room, which they searched, found his bong, papers, and a smidgen of leafers, and charged him with possession for sale.

I went to court to testify for my housemate, and saw his public defender question the cop who led the search, officer Hart, about the search:

PD: It says on the search warrant that you had permission to search the backyard shed and garage only, but you searched the main house. Why did you do that?

OH: We just thought we might find something.

Now my mother worked for criminal defense attorneys for twenty years or so, so I knew right then that any competent attorney could have had my housemate's case thrown out, but judge Jennie Rhine just sort of shrugged, and the questioning continued without pause.

I know that the cop who came in my front door and woke me up by pointing his gun at me probably saw himself as a brave public servant trying to root out crime in the community, but all I saw was an adrenaline addled twentysomething who couldn't seem to hold his gun still while he pointed it at my head.

-Doug in Oakland

Comrade Misfit said...

There are attorneys who are not fit to litigate a parking ticket and judges who couldn't work a pie-eating contest on their best days.

Sort of like most other professiona.