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Supreme Court Says Police May Search Even If Arrest Invalid


US Politics & Gov't  (tags: US, Supreme Court, Supreme Court rulings, police, search and seize, evidence, arrests, state laws )

K. A.
- 2288 days ago - hosted.ap.org
The Supreme Court affirmed Wednesday that police have the power to conduct searches and seize evidence, even when done during an arrest that turns out to have violated state law.



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Comments

K. A. Hilliker (293)
Wednesday April 23, 2008, 12:12 pm
Article:

The unanimous decision comes in a case from Portsmouth, Va., where city detectives seized crack cocaine from a motorist after arresting him for a traffic ticket offense.

Scalia said that when officers have probable cause to believe a person has committed a crime in their presence, the Fourth Amendment permits them to make an arrest and to search the suspect in order to safeguard evidence and ensure their own safety.


 

Blackcat Prowl (182)
Friday April 25, 2008, 2:36 am
Yeah, this won't be abused.


'When asked at the suppression hearing why Moore was arrested, Officer Anthony stated,
"just our prerogative, we chose to effect an arrest."'

'Operating a vehicle with a suspended license in Virginia is a Class 1 misdemeanor offense, and officers are required to do nothing more than issue a citation to appear in court, and then release the offender. But rather than simply cite and release Moore, officers Anthony and McAndrew chose to handcuff and arrest him, an option unavailable to them under Virginia state law.'

 

Blackcat Prowl (182)
Friday April 25, 2008, 2:38 am

How did Justice Scalia ever make it to the Supreme Court?!
 

Past Member (0)
Friday April 25, 2008, 8:10 am
The Gesstopo..........Is here!!!!!!

God loved the birds and
invented trees.
Man loved the birds and
invented cages.
Jacques Deval......Plant trees for survival.........
 

Stephen Hannon (203)
Friday April 25, 2008, 8:47 am
How did Antonin Scalia make it to the Suprreme Court? Easy. Bill Clinton appointed him, and he was confirmed. Clinton often crossed party lines to nominate someone for a lifetime posistion in our legal system. Unlike the Bushes who only appoint Republicans.

What I would like to know is how the police found probable cause to search the vehicle in the first place? The police cannot conduct a random search on a whim that they may find an illegal substance. The man was pulled over for a traffic violation, and given a ticket. The photo shows the police looking in the trunk of his car. How was it possible for the police to determine that a search of the vehicle was necessary where there was no visible evidence to conduct a search? Perhaps the Virginia police can see through cold rolled steel? I would think not. I totally disagree with the Supreme Court's decision. There was no legal way to allow the police to search the car in question. The Fourth Amendment was violated, and the man was convicted illegally.

What about the CIA who do business with drug lords, and war lords? Should they not be prosecuted? Why wasn't the CIA and the FBI charged with drug smuggling during the Iran/Contra scandal under the Reagan Adminsitration? Manuel Noriega the alleged drug king pin of panama was doing business with the Reagan Administration selling the federal government drugs, who in turn sold the drugs to street dealers all over America. Yet not one of them other than Noriega was prosecuted for the drug crimes. The CIA takes in roughly $600 billion a yr. in illegal drugs, and launders the money through Wall Street. The CIA is Wall Street, and Wall Street is the CIA.

We need to prosecute the "real drug traffickers" who allow the drugs to enter into the US, and not someone who was stopped for a traffic violation.

But under the Bush Administration the Fourth Amendment does not apply anymore, and we can be arrested without a warrant, denied legal council, and held indefinitely incommunicado. Thank you Mr. President for violating our civil liberties, and gutting the U.S. Constitution to fit what you want it to fit. Do I hear a YEA for sending (Scooter) Libby to prison?

Bush commuted Libby's sentence but he refuses to commute the sentences of the two Border Guards who were doing their job, and prosecuted by a malicious federal prosecuter. The drug smuggler was given immunity to testify against against the Border Patrol agents, and lied numerous times under oath, and was committing more crimes smuggling drugs while under immunity. Where is the justice in their case?

This is the first time I have ever heard where a state could violate its own laws and have their illegal search and siezures upheld by an extremely biased Surpreme Court. I was very surprised that Ruth Bader Ginsberg agreed with the rest of the noecon justices. Shame on you Justice Ginsberg!

Under The Domestic Security Enhancement Act (Patriot Act 2) allows for the arrest of any American or forign person whom the FBI, CIA, NSA or other federal agency to arrest without warrant or probable cause, held without the benefit of cousel, and can be held indefinitley. Those who are arrested do not have the right to make a phone call, do not have the right to counsel, and are beaten and tortured under the authority of George W Bush.
 

Donna Smith (43)
Friday April 25, 2008, 1:54 pm
There goes a few more of our rights.
 

Dana H. (229)
Friday April 25, 2008, 5:34 pm
Ya know this is just like a commonwealth and I state again 1 more reason why I moved from this very place. I love how when asked by the judge why they searched the vehicle in the first place and the cops answer was because it was our perogative. Yup! America as I know it today has taken a big flush. TY for this story KactusKat. Dana~.~
 
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