Search-and-seizure PROTECTIONS also apply to passengers in traffic stops, court rules

[babylonsister]

http://www.mcclatchydc.com/homepage/story/17074.html

Search-and-seizure protections also apply to passengers in traffic stops, court rules
By Michael Doyle | McClatchy Newspapers

WASHINGTON — The Constitution protects car passengers as well as drivers from illegal search and seizures, the Supreme Court ruled Monday.

In a case arising out of a late-night stop in California's Central Valley, the court agreed that passengers enjoy the same constitutional guarantees as drivers. When a car is stopped, both driver and passenger are in police hands and therefore can't be searched without due cause, the court ruled.

"A person is seized by the police and thus entitled to challenge the government's action under the Fourth Amendment when the officer by means of physical force or show of authority terminates or restrains his freedom of movement," Justice David Souter wrote.

The ruling marks the first time the court has ruled definitively that a police stop affects drivers and passengers alike. All will now be covered by the Fourth Amendment's prohibition "against unreasonable searches and seizures."

This gives defense attorneys more power to challenge arrests in which police find contraband such as drugs or guns. With the California Highway Patrol alone making more than 3.1 million vehicle stops every year, search and seizures are an everyday occurrence.

more...

[The Velveteen Ocelot]

1. Wow.

Just reading this post, and considering that Souter wrote the the opinion, I assumed it was another 5-4 decision with fascist asshats Scalia, Thomas, Roberts and Alito dissenting. But when I read the whole article I discovered, much to my surprise, that it was a unanimous decision. Maybe there's some hope?

[Toots]

2. Well a little signing statement saying this interferes with the "Unitary Executive"

Should solve this little problem for the gestapo..That "damn piece of paper" sure seems to interfere a lot...:shrug: