Speaking of vehicle searches...
The Supreme Court passed down a pretty major ruling the other day about vehicle searches. Until now if a police officer arrests the driver of a car, the officer had the right to search the entire passenger compartment of that car incidental to the arrest. It was a pretty effect tool and the ability to make that search go me a ton of arrests. There are many people in jail today that got arrested for DWI and forgot about that coke in the glovebox.
The recent decision takes that right to search away from the police. Now there are still multiple ways to search that car though. One way is if the car is impounded. Police have the right to conduct an inventory of the vehicle prior to it getting towed. This is the easiest way to get around this decision. In the past I used to let a prisoner call someone to pick up the car to save them the tow fees but now I am just going to impound it so that I can conduct my search..uh I mean inventory.
Another way to get in there is through probable cause. Many people (including cops) don't know this but if a vehicle is operable and you have probable cause to think there is something in there, you do not need to get a search warrant. It's called the automobile exception and it is a wonderful thing. What constitutes probable cause? If I smell any weed on you, I can search the entire car. The same thing applies if I search you and find any drugs on your person. That is also enough to search the entire car.
A drug canine is also going to become a much more valuable tool. One hit on a car by a drug dog and you have immediate probable cause to search. Of course you can always just ask for consent to search if nothing else works.
There was a lot of crying at my work about how this new ruling is going to really hinder police. I think it will get rid of some things such searching a car after arresting an occupant and then releasing the car to another party. Police are going to have to articulate things a little better and be a little more inventive but I think we can usually still accomplish our goal. If the court ever strikes down the inventory clause or the automobile exception, I think we will be in big trouble though.
9 bits of radio chatter:
JL:
I was talking with a SGT from our PD yesterday, and we went over this, stating pretty much what you're saying, especially regarding inventory searches.
We also just graduated some new four-footed "officers" as well.
J. Shane Creamer's book: LAW OF ARREST, SEARCH, AND SEIZURE goes into detail as to PROBABLE CAUSE, and cases that fully define it, as well as dismiss it.
Although the LEOs WILL have to more clearly establish REASONABLE cause to invoke a vehicle search, it will ultimately come down on the desk of the preosecutors...and how THEY NEED to handle this.
The last thing police want is to see GOOD, solid collars get tossed at City Hall when the D.A. "feels" there isn't good ENOUGH reason, when we know that there is.
Like I said to my friend:
The "ambulance chasers" will be out in DROVES over this one.
The LEOs just have to hold the line..and do what they do as best they can.
The "CYA factor" just hopped a notch HIGHER.
Good viewpoints.
Stay safe.
As I understand it, you also still get to search the car if it's related to the original offense: so if their DWI, you can still search for whatever substance they're intoxicated on.
If "doing your job" requires you to ignore the Fourth Amendment of the U.S. Constitution, you need to get a new job. 'Inventory' indeed. And some police officers wonder why the community has such distrust of them.
Hey TCK,
Breaking the law is breaking the law, whether you get caught or not. If you aren't doing anything wrong, why worry?
Or maybe you have something to hide... Or just a jaded view and overwhelming sense of entitlement?
Oh well, I guess the law will change when tow companies start sprouting up like weeds to handle all the new business!
"If you aren't doing anything wrong, why worry?
Or maybe you have something to hide... Or just a jaded view and overwhelming sense of entitlement?"
Yes Comrade, if you're innocent, then why do you object? Should I bring my papers with me?
And yes, I do have a sense of entitlement: to the inalienable rights and liberties of a free citizen. Like I said, I'm surprised some LEO's actually have the gall to wonder why so much of the citizenry distrusts and disliked law enforcement. Maybe if you guys quit acting like your shiny badge gives you the power to repudiate the rights of the citizen at will you wouldn't have that problem.
You know JL, you could have written this a little more diplomatically.
"Police have the right to conduct an inventory of the vehicle prior to it getting towed."
Why do police have the right to do that? Shouldn't that be the responsibility of the towing company? How does that work anyway? Do you inventory it w/ the person there to see the inventory being conducted? Do you inventory it w/ the operator of the tow truck driver who then signs for it?
well, until they rule that said K9's nose is not allowed near the car....LOL
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