Miscellaneous

Where Is that Fourth Amendment? I Know I Had it Around Here Somewhere.

The Supreme Court, now apparently firmly titled to the conservative side when it comes to Fourth Amendment matters, has struck another blow against our constitution protections. The Court today ruled that passengers pulled over for a routine traffic stop can be frisked, even if police do not suspect the passenger has or is about to commit a crime.

The Supreme Court ruled Monday that police officers have leeway to frisk a passenger in a car stopped for a traffic violation even if nothing indicates the passenger has committed a crime or is about to do so.

The court on Monday unanimously overruled an Arizona appeals court that threw out evidence found during such an encounter.

The case involved a 2002 pat-down search of an Eloy, Ariz., man by an Oro Valley police officer, who found a gun and marijuana.

The justices accepted Arizona's argument that traffic stops are inherently dangerous for police and that pat-downs are permissible when an officer has a reasonable suspicion that the passenger may be armed and dangerous.

This comes on the heels of a ruling last week, in which the Supremes ruled that the exclusionary rule does not apply when the police accidentally violate your Fourth Amendment rights. What's most surprising about this case, however, is that it was a unanimous ruling.

All I'm saying is: If you get pulled over for running a stop light, be prepared for a cavity search.

Full post as published by Quiz Law on January 28, 2009 (boomark / email).