Thursday, April 23, 2009

Car Searchs in US, More work for Cheap Lawyers?


A new ruling by a court reverses prior ruling concerning the scope of searches that police can make when making traffic stops and searching cars, we think this will make lots of work for cheap lawyers as they will again have a way to fight illegal searches of cars.

Unless as I understand it the law enforcement officers must now have a very good reason that there is something illegal going on like smelling pot smoke or seeing something in plain sight in order to search things not in plain sight, they no longer have the right to search things that do not pose a immediate danger to them. Like for instance a backpack in the rear of the car like a SUV where it would be very hard for the people in the car to get direct access.

The ruling said basically that the guy was in custody in the patrol car on a charge of driving on a suspended sentence that there were no other readily apparent law violations and that there was no further reason to search as the person was all ready in custody and was no longer a threat and that anything in the car was no longer a direct threat to the police so they should have not searched.

The cops were using any reason they could come up with to pull somebody over and then if they found something illegal like a broken tail light or no light on the license plate and they would do a full on search of the car looking for other things to charge them with like joints in the back seats in the cushions and were getting allot of arrests

I think that if I was pulled over for something today the first thing I would do would be to get out of the car which of course they will not want you to do as this will only allow them a look inside the car they will not be able to search anything except my person and then they should be limited to only searching for weapons. Lets see?

We welcome your comments and all are accepted and published that are not totally absurd or crude.

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