Supreme Court strikes a blow for the Fourth Amendment

[Jesus Jones]

Wait, what?

In an unusual reversal of roles today, traditionally right-wing Supreme Court Justices formed a majority in a decision which expands, in practice anyway, citizens' Constitutional Fourth Amendment rights.

From the Criminal Lawyer blog:

In a stunning 5-4 decision, the Supreme Court today reversed its longstanding bright-line rule which had permitted warrantless car searches after an arrest, even when there was no concern for officer safety or the preservation of evidence. The case is Arizona v Gant.

Writing for the majority in this important decision, Justice Stevens held that the police may only search the passenger compartment of a vehicle, pursuant to the arrest of a recent occupant, if it is reasonable to believe that the arrested person might access the car while it’s being searched, or that the car contains evidence of the crime for which that person was arrested.

Interestingly, the votes were contrary to common stereotype. The majority, which limited police powers, included the two most right-wing justices in the popular mind, Scalia and Thomas. The minority, which would have expanded police powers, included two fairly liberal justices, Kennedy and Breyer.

The Raw Story » Supreme Court strikes a blow for the Fourth Amendment (a.k.a. Scalia’s got your back, this time)

[Bugs]

In an unusual reversal of roles today, traditionally right-wing Supreme Court Justices....

I don't think this is the case at all. It is very true that the vast majority of the current judges have been appointed by the red team. Their rulings IMHO have been anything but a constant string of right wing rulings.

They have yet to give the right the ruling on Roe v Wade type cases that they have been searching for over twenty years - one issue that I don't have strong feelings for one way or the other. But has certainly been major issue for the right.

And some of the judges have gone so far as to reference foreign law in supporting their less than right-wing decisions - which is anything but what one would expect from a right-wing set of judges.

The best thing I can say about the current set of judges is that they final put it on the court record that the 2nd Amendment does provide for the individual right to keep and bear arms.

[Jesus Jones]

^Yes, i do agree with that.

Personally i'm not sure it will make a great deal of difference should the police choose to abuse the rights of the citizens.

[Bugs]

An additional comment on this issue. Even if the cops don't have the right to search without a warrent, if they ask and are given permission then they will be allowed to search. I think folks would be surprised to learn the number of times the typical criminal will give permission with out even realizing it.

Cop: We are going to search your vehicle now - OK?

Driver: OK

Cop: So, your giving us permission to search your car?

Driver: uhm, uuu, well, yea.

Done deal, and the cop can seach and anything they find it admissible.

[blackgang]

Thats what I said befoere,
The San Diego city or some city around there would be asked by someone [FEDS?] to send a bunch of cops and cars to the gate at Tijuana and set up a line and frisk cars going into Mexico.
They said more than once, do you have over $10,000 in your car,, "DO I look like I have 10 grand?" we are going to search your car, "You are going to shit if you eat regular, but you are not going to search my fucking car" OK have a nice day,,, and I would continue on to the border and cross into Mexico and there they can and did a lot of times, but they would bum a pak of smokes out of the carton they found and be off to fuck with someone else.