Armed Polite Society
Main Forums => Politics => Topic started by: roo_ster on April 22, 2015, 04:06:43 PM
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The Court issued a seemingly simple rule today in Rodriguez v. United States: “A seizure for a traffic violation justifies a police investigation of that violation” – not more — and “authority for the seizure . . . ends when tasks tied to the traffic infraction are – or reasonably should have been—completed.” Because being stopped by police officers for traffic violations is a common occurrence for us all (not just drug dealers), this six-to-three decision probably gives some (small) comfort to many. Traffic stops have to be reasonably short, and unless there is reasonable suspicion of some other crime, officers can’t use the stop as a subterfuge for extraneous investigation. Most specifically, says Justice Ruth Bader Ginsburg’s opinion for the Court, officers can’t prolong a traffic stop just to perform a dog-sniffing drug search.
The Rodriguez decision allows drug-sniffing dogs to be used during routine traffic stops– a practice upheld in the 2005 case, Illinois v. Caballes-- but the dogs cannot extend the time necessary to complete investigation of the traffic offense. What’s even more intriguing is that the Rodriguez decision seems to imply that a dog sniff constitutes a “search” under the Fourth Amendment, which contradicts the Court’s 1983 decision in United States v. Place. The Place Court concluded that a dog sniff doesn’t invade one’s “reasonable expectation of privacy,” in the same way that opening up one’s luggage would.
6 to 3 ruling.
Of course, the new trick will be to manufacture some "reasonable suspicion."
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Of course, the new trick will be to manufacture some "reasonable suspicion."
No doubt. Still a bit of good news, long overdue.
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So does this mean a cop can't tell you "Submit to a search or I'll make you wait on the side of the road for an hour while I fetch a drug dog"???? :police:
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It means that cops will jail more folks on charges so they can search. On charges that used to be catch and release
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Of course, the new trick will be to manufacture some "reasonable suspicion."
I thought they had been doing that all along.
"Where are you going?" "Where are you coming from?"
"Why are you so nervous?" "You seem kind of calm about all this."
"Would you mind stepping out of the car for a moment?"
Swivelable dash cams are going to be in high demand now. Especially the bluetooth capable ones that transmit to your locked cellphone or some cloud storage.
"See, Your Honor? There's the time stamp showing 10:17.26 when my client signed the traffic citation. It matches closely to the time Ossifer Krupke entered next to his signature. And now, Your Honor, there is the time stamp showing 11:03.56 when Ossifer Krupke tells my client to step out of the car."
Oops!
stay safe.
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6 to 3 ruling.
Of course, the new trick will be to manufacture some "reasonable suspicion."
I detected the odor of marijuana/alcohol/independence/dislike of jack booted thuggery on the victim suspect.