Arizona v. Grant Up Held By The Supreme Court :: 4th Amendment Ri

by aelusive | April 22, 2009 at 09:02 am
6025 views | 2 Recommendations | 16 comments

This is great news because it used to be that cops had an automatic right to search your car.  Basically, the law had overturned everything our founding fathers believed in and now they are at least restoring one God granted right that had been converted into a privilege.

police have been permitted to search the passenger compartment of vehicles and the Supreme Court has allowed it when an inhabitant of a vehicle was arrested. This began when New York v. Belton in 1981 began the searches that were termed “incident to arrest.” This was begun as a protective method in case there was a hidden weapon in the vehicle the suspect might try to harm officers with. This lead to police becoming comfortable with searching vehicles and using safety as a reason even when the suspect had already been placed in custody. This allows police to make more arrests doing more searches while there is no safety issue.

This will now change since the Supreme Court ruled vehicle searches are legal only when the suspect has access to the vehicle or when the vehicle contains evidence related to the arrest in their ruling of Arizona v. Grant. To justify a vehicle search police will not be required to have a provable reason for the search and are no longer allowed to search a vehicle at random. This will change the unwarranted vehicle searches under the 4th Amendment and puts back some faith and justice.

There has been concern for some time over the capacity of police making arrests for minor offenses in order to avoid a refusal by the citizen to give consent to a vehicle search. One of the concerns is that there are certain states where a traffic violation can result in an arrest and police may do this rather than write a ticket, to have a right to search the vehicle. The Supreme Court ruling in Arizona v. Grant now creates a complication in kinds of arrests. This is because a moving violation will mean there is no evidence in the vehicle and that will give the motorist protection when they implement their 4th Amendment rights when stopped for a traffic violation.

This ruling is significant since it will affect all police officers on the street that has been trained to do vehicle searches after making an arrest. The Supreme Court sent a message to the police forces in up holding the 4th Amendment rights. Police officers will have to change the policy on vehicle searches and protect the individual rights of the occupants in a vehicle.

I will keep you posted as more info comes in and how cops are trying to subvert your rights to get around over 300 years of freedom in the USA!

recommend This comment thread is now closed
2
Travass

Wow. Great news for the public huh? This just makes it easier for criminals to hold contraband in their vehicle to harm the public.  This in no way protects the public.  It only makes the job of law enforcement even more difficult.  If you were a victim of a violent crime you could never see this as a good thing.  It's a step backward and the Supreme Court will only get worse when Obama gets to make appointments.

0
honest person

Cops are trying to subvert your rights to get around over 300 years of freedom in the USA! Is this not amazing!! 300 years ago, "our cops" were young men who grabbed a club, a knife, a gun, whatever was handy to protect our young America. They were soldiers! Once our America was established we as Americans decided we needed "cops" to protect our soldiers families so our soldiers could go defend our America, our freedom. 300 years later our "cops" are now the enemies. They are not trying to protect the innocent, they are trying to violate our "criminal's rights." They are trying to "subvert our right" to possess drugs and carry illegal firearms, to make meth and sell pills to our young men and women. We need more citizens on "disability" so they can have their right to have these drugs so when the money runs out they can steal from the working Americans and feed their habit.

0
RealCop

Wow.  300 years of Freedom.  I don't think so.  Seems more like 233 to me.  Lets see, 1776 to 2009, yep 233 years.  Anyway, real cops like myself are still trying to protect the innocent.  Most are honest and do their jobs with honor and dignity and with no intention of denying any person of their constitutional rights.  The practice of "search incident to arrest" is something that was taught in the academy not just something that we dreamed up.  But if you are an Honest Person... don't worry.  Peace and stay safe.

 

0
honest person

It is amazing how much the world, the United States of America has changed! We as Americans once believed that wrong is wrong and right is right. Now wrong is right and right is wrong. You have a person who is arrested! Whether it be for murder or DUI, who now has the "right" to possess what ever he or she feels like and should not have to pay the consequences because it is concealed out of plain view to where as a police officer can not see it. So a criminal can go to your home, hopefully a "good criminal lawyers", steal there possessions and hide it good enough in there vehicle, an when stopped by the police can get in trouble for it cause the police officer does not have the right to search the vehicle. WOW!!! I and hopefully many other Americans will pray for your safety and the protection of your loved ones in your home. Hey look at like this Mr. Lawyer, maybe times will get bad enough where nobody will want to be cops and criminals may rome free in have no fear of having their "rights" violated by a "cop."

2
aurealeus

The Power to amend U.S. Constitutional Rights does not lie with the U.S. Supreme Court.

Article 5 of the U.S.Constitution specifically states that amendments must be proposed by the United States Congress or by a national convention assembled at the request of the legislatures of at least two-thirds of the several states. To become valid, amendments must then be ratified by either the legislatures of or ratifying conventions held in three-fourths of the several states

It is amazing how rights violations, once considered as "unconstitutional" can legally be determined constitutionally-correct and enforceable without being voted on by the house and senate, then unconstitutionally enforced by an elite judicial system, then reversed on a supreme whim by a judicial minority bench decision whenever it suits them...  again without congressional action.

No wonder America is so messed up, when a bunch of guys dressed in black robes are continuously allowed to twist the constitution as they see fit, effectively removing the right and responsibilty from Congress... while Congress remains silent.

I suppose now that everyone is broke because of the corruptness in government, they figure an offender can't pay the fines associated with most petty arrests and prosecution or prison time for offenders would also be more costly to the jurisdictional government by way of prosecuting the case and housing the (criminal) citizen.  


1
Furion

From what I've read thus far about this case, you are misleading your readers in several areas.  First, Arizona v Grant, was not a traffic stop.  In fact it's not even related to a traffic stop, your argument here is moot.  Grant arrived at a location, exited his vehicle, approached an officer and was then arrested on an unrealted offence.

I do agree the search should be illegal, it simply had no bearing on the "safety" of the officer nor did it meet the criteria for being related to the crime, thus should not have been done. 

The search incident to arrest for vehicle searches will always be a  matter of safety for the police and for good reason. There is, and for good reason, limited areas which can be searched built in by case law, as I am sure you know. These specific search areas as presecribed by law do not violate any constitutional provision regarding the degree of unreasonableness and protect the safety and security of the involved law enforcement society. I think what you are asking for and suggestion is a stronger provision to defend the guilty rather than to protect the innocent.

0
Furion

Aure is correct, until it is ratified by congress, it's just an opinion. 

A big one, but an opinion none the less.

0
learnedhand

An opinion? Supreme Court opinions are considered law and are binding on all people.

Congress doesn't have to ratify anything the Supreme Court says. Instead, Congress's option (if Congress dislikes the way the Supreme Court has ruled) is to amend the Constitution or pass a bill/act explicitly overruling what the Supreme Court has said.

0
BRAD111

The house and senate writes the laws and the judicial branch interprets these laws.  It's a major change to standard operating procedures for police.

1
lucky1

THANK GOD!!! READ THIS STORY IT'S TRUE!!!

I am happy that our rights have finally been viewed by the supreme justice court and it is realized that mistakes are made and that "law enforcement" has stipulations to it as well as our freedom. Obviously our freedom is not free and should be apprecitated and respected.

BUT WE DO HAVE RIGHTS!! I am not a person who hates cops. But I do hate cops that don't have the proper respect for thier authority and abuse it in a matter that does violate our constitutional rights. I am not  a criminal but I have been in trouble in the past. I've made mistakes and I have broken laws. (NO FELONIES OR VIOLENT CRIMES) I do respect police and think that for the most part they are productive and I do appreciate the good officers of the law that believe in the "PROTECT AND SERVE" slogan.

I am currently on probation for a simple assault in the 4th degree. My girlfriend had some friends in the car previous to pickin me on the way to go shopping for our baby that we are expecting shortly. She does not use marijuana nor do I for the simple fact I'm diabetic and stay drug free for my health. She had a minor traffic ticket ($124) that was unpaid due to hard times and our financial situation. We were unaware of her license being suspended and an officer pulled us over. Upon the arrest of my girlfriend--WHICH IS FUNNY BECAUSE SHE IS SMALL AND PREGNANT AND POSES NO THREAT OR SAFETY ISSUE TOWARDS THE OFFICER-- She was placed in the patrol car. I was pulled out of the car and the officer began the search on the vehicle. He found a pipe with a small piece of marijuana in it under my seat in the passenger side. I was immediatly arrested and the officer gave me the choice to either take the blame for the pipe and he would let us go, or if I didn't, he would take us both to jail. I REMIND YOU MY GIRLFRIEND IS PREGNANT AND I'M NOT A FAN OF JAIL. I said it was mine in order to protect her since she is only 19 and has never experianced anything of this sort. I got a probation violation, they changed my court order to random drug test. they are asking for thirty days in jail. I've been to court a million times over this since the beggining of the year. I lost my job from this. I've had to start checkin in with the probation officer numerous times a month now and I've passed all my drug test with flying colors. This has all been a HUGE  inconvenience and damaged not only my life, but has had an impact on the productivity of the life of my unborn child due to the worse financial situation this has put me in. THE PIPE WAS A FRIEND OF OURS AND THE DUMBASS DROPPED IT IN HER CAR. BUT YOU TELL ME WHY THE OFFICER FELT HE HAD THE RIGHT TO ARREST US BOTH AND SEARCH THE VEHICLE OVER A STUPID TRAFFIC STOP WHEN WE WERE BOTH EXTREMELY COROPATIVE AND NON THREATNING AND HE HAD ALREADY PLACED HER IN THE BACK OF HIS CAR!!!! MAYBE BECAUSE I HAVE TATTOOS??? HMMM......... SEEMED LIKE IT.

LUCKILY THIS LAW PASSED ONE MONTH BEFORE MY PRE-TRIAL AND THO I WAS PLANNING ON TAKING THIS TO TRAIL, IT GOT DISMISSED AS OF YESTERDAY MAY 27TH 2009. I STILL LOST MY JOB, I'VE STILL BEEN THROUGH HELL AND ITS BEEN ONE BIG HEADACHE. THANK YOU SUPREME JUSTICE COURT.

P.S. TO POLICE OFFICERS. DO YOUR JOB CORRECTLY AND DO NOT ABUSE THE FACT THAT YOUR A COP AND RESPECT CITIZENS. I FEEL BAD FOR FALLEN OFFICERS THAT HAVE DIED IN THE LINE OF DUTY TO PROTECT OUR STREETS. THEY ARE GETTING MORE UNSAFE DAY BY DAY. I APPRECIATE YOU AND RESPECT YOUR JOB IF YOU ARE PERFORMING IT CORRECTLY. STAY SAFE.

0
mclovin

no it helps people like me sue the cops cause they pull me over cause of the kind of car i drive and how young i am and illegally pull me over and search my car cause they think i'm a drug dealer when i work 70 hours a week for everything i have

0
Honest Persons Smack Down

Honest Person, you are an absolute moron. Come try being a cop for a day and see how well you do the job. You say that because either you or your family has been found doing criminal activities and they arrested you. As the famous saying goes, if you cant do the time dont do the crime.

0
Claimant of Justice

I challenge ALL of you who think all officers do that. If you think you can, please come do my job! You think it is easy, you have no clue what we as law enforcement officers do. It is people like you who have caused this country to crumble. You do not respect us, the law, or anybody else. You call when you need us to stop your boyfriend or husband from hurting you, but once we are there you dont want us and try to assault us. Even better, begin using profanity and yelling at us calling every name in the book. In addition, when your family is in danger and we do save them from any possibility of harm, you run over to them and just give us a sneer.

You then wonder why we were in that area to begin with and why we were there so quickly. When we arent, you want to yell and scream at us because people (like you) dont pay attention, pull out in front of us, stop in front of us or call in noise complaints and other ridiculous calls for service that preclude me from doing my job or getting to the scene.

We, as peace keepers, are always under fire from the public, media, courts, suspects, internal administration and you scrutinize the job that I do because it is not done to your satisfaction. You argue with me because you feel you know the law better than I, when I have studied the law for over 11 years. You know, I used to know why I got into this job; to help people. Now, I wonder why I ever did with people like you. You guys show no respect when an officer is harmed, battered, assaulted, or worse, killed. I pray for people like you! With law violators like you, who needs to go abroad and fight wars there? We have to fight terrorism here and do so on a daily basis, whether it be from suspects who robbed the store, or broke in your home. I apologize if you feel I am picking on you, but it has been that type of enforcement that has kept you safe and allowed you to be here today and cry about us picking on you.

If you have a crappy looking car and keep getting pulled over, look for the violations (cracked windshield, tail/brake/head/tag lights that are out, not using your turn signal when you could have caused a crash, loud after market exhausts and my favorite broken windows (where it is a clue someone could have just stolen your car), not to mention the newly added seatbelt law.

0
c.carter

i feel that people tend to catagorize too much.  not all cops are bad, not all cops are good.  they are PEOPLE and like in every other trade or profession out there. there are good ones, bad ones, addicted ones, battered ones, some of them are abusers, some of them truly care some of them abuse their power, some of them use it to do good. 

this from a person who has been pulled over for:

 "weaving in and out of traffic" (changed lanes only once) 

and for license plate light 'not working' (oops i guess it was just dirty the officer said) 

for a head light that was 'burned out'(the officer 'noticed it was now working maybe a short?' right after he told me why i was pulled over- of course that was after he ran my information, and searched the front seat and glove box ) 

and last but not least--for expired tags, it was june 18 and my tags said june, but the officer pulled me over and told me that our tags were only good through june 15.  (he ran my tags for what reason?  i was not violating any traffic laws, nor speeding)

.but i guess at SOME POINT the az dmv changed the rules and they now issue registrations that expire in the middle of the month. so i guess now the police have a valid reason to run your plate even if it showing current tabs. 

i am legal,white, short hair, i work, i have insurance, etc etc.  i have been pulled over four times in less than two years- for reasons that are bullshit.  i have consented to search everytime, no tickets were issued, not even repair order.  

however one of the stops (dirty tag light) (it had dust on it, but you could still clearly see the tag by the light it produced)  i had lent my car to a friend to go to the grocery store.  his license was suspended for failure to pay a traffic fine.  officers would not leave the car in the parking lot for me to retrieve it was towed and impounded because his license was suspended. i had to go to fair hearing and pay over 300 to get my car back and my grocerys spoiled in the trunk.  

so why is it happenng? money or harrassment?  why else would they pull somebody over onwhats becoming a regular basis, when there are no traffic laws or (legitamate)safety concerns?    but my car is red, it does look sporty and i do live in a bad area of town. but being poor means i should have less rights.>?  remember i have not violated any traffic laws.

so do i understand it correctly-- the police have the right to search my car?  in limited areas for safety reasons, ?  even if no one is arrested?  and they can search the entire vehicle only when some one is arrested and there might be something related to that arrest in the car? is this correct ?  what are those areas does anyone know?  

i would like to know so that maybe if i have enough guts, i will assert my rights the next time i get pulled over on a bogus reason. maybe if everyone who IS legal asserted their rights even when they have NOTHING to hide. may be we would have more than just the illusion of rights.

0
law student  / criminal defense

Searches incident to arrest were bugun by supreme court precedent (New York vs. Belton 1981) and have ended with supreme court precedent. This is a great step forward in the pursuit of bringing standard police operating procedure in alignment with our constitution and bill of rights. If that makes the job harder for the police, so be it. We dont create laws to make the job easier for the police. We make laws in alignment with our fundamental beliefs to manage our society without creating an undue burden on our citizens. When a police officer stops a car for a traffic citation, it is not a fishing trip through his car to find more illustrious items. It is a misdemeanor / municipal violation and should be treated as such. Police have grown so used to attempting to twart the civil rights of citizens, that it had become standard procedure across the country. Finally, a ruling in favor of the rights of freedom that our country was founded upon. please dont forget: peole have died to give us these rights and have died to protect them. how dare the police try to circumvent that.

This is not a case of activist judging, this is a case of true verbatim interpretation of our original principles, and our founding fathers would be very proud, after years of very disappointing interpretation, just to more easily meet policing means.

0
reply law student / criminal defense

"Those who deny freedom to others, deserve it not for themselves; and, under a just God, cannot long retain it."

~ Abraham Lincoln

This story was created over 3 months ago, the comment thread is now closed.

What is NowPublic?

NowPublic lets people work together to cover news events around the world.

Find out more

Crowd Power

Anonymous
First Flagged at 10:40 PM, Apr 22, 2009 by Anonymous (not verified)

Most Recommended Stories in World

Recommendations (2)

Most recently recommended by:
 

closeSign in to NowPublic

is reporting from