Supreme Court tosses drug possession conviction, rules vehicle search illegal

[Ptah]

Source: Arizona Daily Star

By Howard Fischer
Capitol media services
Tucson, Arizona | Published: 07.26.2007

PHOENIX -- Police cannot routinely search the vehicles of people who they arrest,
the Arizona Supreme Court has ruled.

In a 3-2 decision, the high court threw out the drug possession conviction of Rodney Gant.
The majority said Tucson police illegally searched his car after arresting him outside the vehicle --
a search that found narcotics which eventually resulted in his conviction.

Justice Rebecca Berch, writing for the majority, said police have authority in some circumstances
to search a vehicle without a warrant. But she said that is usually limited to situations of
police safety -- like looking for a weapon in the immediate area of the person being
arrested -- or where waiting for a warrant might result in destruction of evidence.

She noted, though, Gant already was handcuffed and in the back of a patrol car.
That, Berch said, means police violated Gant's Fourth Amendment rights against
unreasonable search and seizure.

Read more: http://www.azstarnet.com/sn/hourlyupdate/193543.php

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I like this ruling.

[aquart]

1. Ah. Arizona. For a moment I thought it was the Federal Court.

And I'm pretty sure that Roberts would write that it's okay to search any Democrat, any time.

[Ptah]

5. I wanted to add {Arizona} to the title, but I thought

the headline of the story was all that was allowed.

One step forward, no?

[Tesha]

11. Usually no one objects to a clarifying word or two placed in parentheses. (NT)

[Mojorabbit]

2. Wow

long time since I have seen a decision like that.

[MidwestTransplant]

3. Indeed. It's Brennanesque

Too bad it's State and not Federal.

[Ptah]

4. Every little bit helps. n/t

[Betty]

6. I worry that the "supreme" court will overturn

every sensible decision the lower courts make from here on out. What a shame we have so many fascists on the supreme court.

[saigon68]

10. Fascist Thugs and Hoodlums wearing Black Robes

[Demeter]

12. You're Being Over-Generous By Calling Bush a Half-Wit

I doubt it's more than 1/10th of a wit, myself. It's in line with energy-saving program guidelines...

[saigon68]

25. LOL

A Tenth-Wit

[slampoet]

18. Hasn't it been 20 years since there has been a decision that upholds the 4th amendment for cars?

[Indenturedebtor]

7. Hmmmm

Kinda reminds me of this constitution thing I heard about once. Thought they'd done away with that :rolleyes:

[Ptah]

8. Sometimes it regenerates itself. Like flowers in the desert.

[Socal31]

9. Wierd...

being arrested for any offense is "probable cause" to search your car everywhere else.....so if they tow your car for DUI, they arent supposed to search it? Wierd.... This ruling sure would have helped me in High School! (always had a bag of the green stuff on me ;) )

[slampoet]

19. No, it isn't probable cause. Don't put legal term in quotes just to demean them.

[Socal31]

22. Huh?

Being arrested isnt probable cause to search your vehicle? Ok do this for me then......get really hammered....go drive 60 mph in a residential. When the police are putting you in the back of the cop car...tell them they CANT search your vehicle. See how hard they laugh. Admitting to having 1 drink is enough cause to get you out of the car and search it in most states.

[slampoet]

23. Just because they do it doesn't mean it is probable cause.

[AX10]

13. Wonderful news!

:kick:

[Commie Pinko Dirtbag]

14. Oooooooo Sheriff Joe will NOT be pleased!

I want to see HIS reaction!

[High Plains]

15. I want to see his funeral.

It's a couple of dozen years late already.

[atreides1]

20. You're Thinking of Maricopa County(Phoenix)

Tucson is in Pima County, different Sheriff!

[High Plains]

16. Ooh, the cops are pissed...and looking for a way around it.

The AZ Supreme Court was not too impressed. From the article:

The decision is a defeat for police departments statewide who, working through the Arizona Association of Chiefs of Police and the Arizona Law Enforcement Legal Advisors' Association, filed legal papers with the Supreme Court urging a contrary ruling.

In fact, the groups' legal brief suggested that if warrantless searches like this are illegal, police will adopt different procedures to skirt the law, perhaps not handcuffing thouse they arrest until they can search a vehicle. Berch scoffed at that possibility.

"We presume that police officers will exercise proper judgment in their contacts with arrestees and will not engage in conduct which creates unnecessary risks to their safety or public safety in order to circumvent the Fourth Amendment's warrant requirements," she wrote.

[The Backlash Cometh]

17. Wha-What? Scalia has just soiled his panties.

Unfortunately, if this gets appealed, Scalia might have the last word. His precedents were leading towards unfettered searches.

[atreides1]

21. It's a long way to SCOTUS

From the Arizona State Supreme Court. It would have to through the 9th Circuit Court of Appeals in San Francisco first.

[onewholaughsatfools]

24. so there is justice in America

Thank goodness for the rule of law........blessings