Police can search parked cars

[gitreel]

Police can search parked cars
Posted by CodeWarrior on May 25, 2004 at 1:24 PM (printer friendly)

"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.
SOURCE
http://www.cnn.com/2004/LAW/05/25/scotus.car.searches.ap/index.html
"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."

Whadd'ya think?

[888888]

This may be getting a little on the political side but I think it is a real shame. The "war on drugs" has allowed all sorts of abuse and injustice to take place. It's bad enough that police can get those dogs to sniff around your car. How can that be legal!? Not what the founding fathers had in mind I think.

[Capmaster]

This may be getting a little on the political side but I think it is a real shame. The "war on drugs" has allowed all sorts of abuse and injustice to take place. It's bad enough that police can get those dogs to sniff around your car. How can that be legal!? Not what the founding fathers had in mind I think.

Not to mention that if you pick up a hitchhiker and he spills a little pot out on the carpet, then you drive through a zero-tolerance community, they can impound and auction off your car. Then keep the proceeds for their police department

I work on an Air Force base and they periodically have the drug-sniffing dogs spot-checking cars. The base is zero-tolerance. If it sniffs out even a seed, I lose the car and probably my security clearance. That's just wrong. Needless to say, I don't pick up hitchhikers anymore - even the pretty female variety

[888888]

Then keep the proceeds for their police department

Unfortunatly, that seems to be the key in all this. And that is weed. The things our government does to people over methamphetamine is both sad and mind-boggling.

[handyguy]

" Police can search a parked car for drugs, guns or other evidence of a crime while arresting a driver or passengers nearby,"

Your topic is misleading. An arrest gives them probably cause. They can't just search any parked car they want to.

btw, remind them, if you have to, that you do not consent to any searches of your property or yourself. It's your right.

[Capmaster]

" Police can search a parked car for drugs, guns or other evidence of a crime while arresting a driver or passengers nearby,"

Your topic is misleading. An arrest gives them probably cause. They can't just search any parked car they want to.

btw, remind them, if you have to, that you do not consent to any searches of your property or yourself. It's your right.

It's always wise to know your rights and stand up for them. The problem with many people is they're intimidated by the police and give consent without knowing they just gave up a constitutional right against unreasonable search and seizure.

[glockjs]

its all to help fight terrorism

yeah, blow it out your ass capital hill.

ever heard the song 99 problems by jay-z? theres alot of truth to what he says. yeah officer the glove box is locked and so is the trunk so your gonna need a warrant for that.