Stupid, Stupid Supreme Court
#1
Registered User
Thread Starter
iTrader: (1)
Join Date: Aug 2004
Location: UCIrvine
Posts: 3,312
Car Info: '05 Crystal Grey Metallic WRX Sport Wagon
Stupid, Stupid Supreme Court
http://story.news.yahoo.com/news?tmp...ourt_search_dc
I can't believe they said that's a legal search. This really pisses me off. Except for the two disenters...they know what's right.
I can't believe they said that's a legal search. This really pisses me off. Except for the two disenters...they know what's right.
#3
Why exactly is this stupid? You do know that cause is much different the minute you get behind the wheel of your car. As it should be since your operating what is in essence a potentially deadly weapon.
#4
VIP Member
iTrader: (3)
Join Date: Nov 2002
Location: Lastweek Lane - Watertown, NY
Posts: 10,133
Car Info: 02WRXpseudoSTiWannabeWagon
It's pretty obvious how distinctly more acute a dog's sense of smell is versus a human's senses, but think of it like this. If a cop without a dog were to walk up to a motorist's window and saw a nickel bag hanging out from under the passenger seat, would that be probable cause for a search? Now, it's off limits for cops to 'elevate' their senses...in a sense, by having his 'partner' walk up to the window with him? On every routine stop?
#5
The way I see it is if he see's it, then its in plain view so he can search the car. But if its not in plain view and the person has done no wrong then no reason to search them. Atleasts thats how I understand the law. Basically preventing illegal searches and harrasment from happening. Just covering your rights to be innocent unless doing something wrong. With a dog there they can say, well my 'partner' thought it smelled something so they search you. That type of deal is what I understand the reason behind the law. Shrug, of course I could be wrong.
#9
iClub Silver Vendor
iTrader: (25)
Join Date: Nov 2002
Location: Participating in some Anarchy!
Posts: 15,494
Car Info: 2005 LGT wagon
Originally Posted by SilverScoober02
:sadwavey: civil rights
The transportation of 282 pounds of Mary Jane is not a right protected by the Constitution.
#10
VIP Member
Join Date: Oct 2003
Location: Detroit, Where the weak are killed and eaten...
Posts: 2,064
Car Info: 02 Impreza WRX Sedan & 2008 GMC Sierra 4x4
Originally Posted by Oaf
What civil rights have been lost with this decision?
The transportation of 282 pounds of Mary Jane is not a right protected by the Constitution.
The transportation of 282 pounds of Mary Jane is not a right protected by the Constitution.
Originally Posted by Justice's Souter and Ginsburg
Souter said he would rule that using the dog for the purpose of determining the presence of marijuana in the car's trunk was a search unauthorized in connection with the speeding stop and unjustified on any other ground.
Ginsburg agreed and said she would hold the police violated Caballes's rights when they conducted the dog sniff without cause to suspect wrongdoing.
Ginsburg agreed and said she would hold the police violated Caballes's rights when they conducted the dog sniff without cause to suspect wrongdoing.
Last edited by SilverScoober02; 01-25-2005 at 09:11 AM.
#11
250,000-mile Club President
Join Date: Nov 2002
Location: Bizerkeley
Posts: 4,770
Car Info: MBP 02 WRX wagon
I know up in Montana there are a few towns that have K-9 officers called for almost all traffic stops, and probably 80-90% of traffic citations seem to wind up with a posession of paraphernalia or small amounts of controlled substances charge on top of it.
I had hope that the Supreme court would have stopped this nonsense, but no- instead they only reinforced the police state.
I had hope that the Supreme court would have stopped this nonsense, but no- instead they only reinforced the police state.
#12
iClub Silver Vendor
iTrader: (25)
Join Date: Nov 2002
Location: Participating in some Anarchy!
Posts: 15,494
Car Info: 2005 LGT wagon
"A dog sniff conducted during a concededly lawful traffic stop that reveals no information other than the location of a substance that no individual has any right to possess does not violate the Fourth Amendment" protections against unreasonable searches and seizures, Stevens concluded.
Why didn't you quote Justice Stevens' majority opinion?
Since the Supreme Court has ruled, it is not an unlawful search; it's Constitutional.
What a racist statement!
How do you know he's Hispanic?
Didn't you "profile" his last name to arrive at this?
Why didn't you quote Justice Stevens' majority opinion?
Since the Supreme Court has ruled, it is not an unlawful search; it's Constitutional.
Originally Posted by SilverScoober02
Because he was hispanic most likely was the reason he was subjected to a dog search.
How do you know he's Hispanic?
Didn't you "profile" his last name to arrive at this?
#13
Dirty Redhead
iTrader: (10)
Join Date: Sep 2004
Location: Commuting? I don't know what that means anymore.
Posts: 7,204
Car Info: 05 WRX Wagon (Crystal Gray)
If your stupid enough to carry drugs in your car or any other illegal substance I'm glad they would use dogs to catch it.
If your against this then are you also against the terrorist watch list for airlines. Isn't that the biggest form of profiling ever?
If your against this then are you also against the terrorist watch list for airlines. Isn't that the biggest form of profiling ever?
#14
VIP Member
Join Date: Oct 2003
Location: Detroit, Where the weak are killed and eaten...
Posts: 2,064
Car Info: 02 Impreza WRX Sedan & 2008 GMC Sierra 4x4
Originally Posted by Oaf
What a racist statement!
How do you know he's Hispanic?
Didn't you "profile" his last name to arrive at this?
How do you know he's Hispanic?
Didn't you "profile" his last name to arrive at this?
While I don't condone the traffiking of illegal substances, I do think that this is going to set a precedence for other searches, and that is what I am most worried about. The issue isn't so much as the use of the dog to sniff for drugs as whether the officer deliberately extended the traffic stop that was legitimate at the beginning into a detention for the sole purpose of having a drug dog sniff for drugs. There is law stating that once the officer has finished with the purpose of the stop that he/her has to let said individual go on their way. My problem with this is that he was going to let the guy go and then another officer came by with the drug dog and began sniffing around. I don't believe that to be a legal search.
I didn't quote majority opinion because I don't believe it to be right. That's what your here for. And just because they ruled on it doesn't mean that in 5 or 10 years they won't revisit it in a different, but similar case and turn in a different ruling. I seem to remember a few from my history classes....
Dred Scott v. Sandford was a highly controversial case that intensified the national debate over slavery. The case involved Dred Scott, a slave, who was taken from a slave state to a free territory. Scott filed a lawsuit claiming that because he had lived on free soil he was entitled to his freedom. Chief Justice Roger B. Taney disagreed, ruling that blacks were not citizens and therefore could not sue in federal court. Taney further inflamed antislavery forces by declaring that Congress had no right to ban slavery from U.S. territories.
or
Plessy v. Ferguson was the infamous case that asserted that “equal but separate accommodations” for blacks on railroad cars did not violate the “equal protection under the laws” clause of the 14th Amendment. By defending the constitutionality of racial segregation, the Court paved the way for the repressive Jim Crow laws of the South. The lone dissenter on the Court, Justice John Marshall Harlan, protested, “The thin disguise of ‘equal’ accommodations…will not mislead anyone.”
So just because they ruled doesn't make it set in stone.
*crosses fingers and hopes for some good justices to get nominated some day*
Last edited by SilverScoober02; 01-25-2005 at 11:23 AM.
#15
Originally Posted by SilverScoober02
And just because they ruled on it doesn't mean that in 5 or 10 years they won't revisit it in a different, but similar case and turn in a different ruling. I seem to remember a few from my history classes....
*crosses fingers and hopes for some good justices to get nominated some day*
*crosses fingers and hopes for some good justices to get nominated some day*
Seriously though: People need to understand one crucial thing, and that is that the constitution does not enact whatever protections we might like. That said, the idea that somehow there's a right to keep a car on a public highway free from any sort of police inspection is ridiculous. Would you be against the police in washington, DC, having sniffing dogs to check for bombs? And if a bomb sniffing dog happened to alert on a random car, should it be illegal to search that car?
Seems to me the only way to say no to the drug search, and yes to the bomb search, is to assume that selling drugs has some kind of protection that carrying bombs does not. Does that sound like good law to you?
Last edited by subaruguru; 01-25-2005 at 03:09 PM.