April 22, 2009 /

Supreme Court Nixes Unreasonable Car Searches

This is a big decision: 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 […]

This is a big decision:

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.

Drive up interstate 75, leaving dowtown Cincinnati and its common to see police with cars pulled over and them searching it. I got pulled over once and had to go through this. I know people who have been through this. Pulled over for speeding, then stuck with the police searching their car. It never did seem right, and now it isn’t.

Something else interesting in this case is how the votes went:

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.

Might take some work to get my mind around that.

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