Supreme Court affirms warrantless search when contraband is in 'plain view"

[Wendell]

CONCORD — The state Supreme Court, in overturning a lower court’s ruling in a case involving a warrantless search of an automobile, declined to follow a federal law that allows police, with probable cause, to search every part of a vehicle including the glove box and trunk without a warrant. The court in the ruling issued Tuesday instead issued a limited automobile exception allowing for a warrantless search if the car was lawfully stopped and police have probable cause to believe that an item in plain view is contraband. The court, in the appeal filed by Daniel Jesus Cora, 20, of 5 Embassy Ave., Hooksett, said Tuesday that generally there is a diminished expectation of privacy in automobiles. The Supreme Court said the case turned on whether the officer had a lawful right of access to the items themselves. The court ruled he did. Police needed no warrant, the court said, because the stop was lawful and they had probable cause to believe the plainly visible items in the vehicle were contraband.

<http://www.unionleader.com/courts/State-Supreme-Court-affirms-warrantless-search-of-vehicles-when-contraband-is-in-plain-view-06282017>

 

[PATRON]

So now they will pull you over for a light out,and before you know it your lying naked on the ground with half of the inside of your car next to you.While the cop is sticking his club up your ass looking for contraband.

 

[Bonesinium]

I'm still wondering which part of article 19 and the 4th amendment exempts vehicles and allows them to forgo the warrant requirement entirely. Probably because that exists in neither and allowing warrantless searches was so extreme that if they can't even meet the requirements to obtain a warrant then just skipping that entirely is out of the question.

But somehow requiring probable cause to obtain a specific warrant become either a mere hunch to obtain a broad warrant or reasonable suspicion of a crime to forgo warrants. And then even that has ended up as removing the reasonable part and crime part where cops just can claim to be suspicious of "something".

Yes, the 4th Amendment has been gutted much worse than even the 2nd. It's completely non existent.

- - - Updated - - -

So now they will continue to pull you over for a light out,and before you know it your lying naked on the ground with half of the inside of your car next to you.While the cop is sticking his club up your ass looking for contraband.

FIFY.

 

[In God We Trust]

Plain sight contraband seizures have always been ruled constitutional.

 

[Bonesinium]

Plain sight contraband seizures have always been ruled constitutional.

Always did doesn't mean it was always legal, but that's not something you'd care about anyways.

 

[Rob Boudrie]

Plain sight contraband seizures have always been ruled constitutional.

I suspect the issue is searching the parts of the car not in plain sight, rather than securing the car and getting a warrant.

 

[nutsym16]

Cover everything with a towel or jacket so there is no plain sight!

 

[In God We Trust]

Always did doesn't mean it was always legal, but that's not something you'd care about anyways.

What does that even mean? Do you read the crap you post?

 

[Chevy 2 65]

Plain sight contraband seizures have always been ruled constitutional.

Yeah, And ? it's not legal ..The courts are wrong.

LIVE FREE OR DIE

 

[noddaduma]

Ruling further limits police ability to search vehicles over what they could previously do. Not sure what the complaining is all about (aside from the anarchists).

 

[In God We Trust]

Supreme Court affirms warrantless search when contraband is in 'plain view&quot;

[emoji1345]

 

[Howland]

I'm still wondering which part of article 19 and the 4th amendment exempts vehicles and allows them to forgo the warrant requirement entirely. Probably because that exists in neither and allowing warrantless searches was so extreme that if they can't even meet the requirements to obtain a warrant then just skipping that entirely is out of the question.

But somehow requiring probable cause to obtain a specific warrant become either a mere hunch to obtain a broad warrant or reasonable suspicion of a crime to forgo warrants. And then even that has ended up as removing the reasonable part and crime part where cops just can claim to be suspicious of "something".

Yes, the 4th Amendment has been gutted much worse than even the 2nd. It's completely non existent.

- - - Updated - - -



FIFY.

Perhaps it is not so much a "lesser expectation of privacy in a vehicle," as it is a "lesser expectation of literacy and integrity of those wearing black robes or other professions on a government payroll."

If the shoe fits, you gotta wear it.

 

[AHM]

Cover everything with a towel or jacket so there is no plain sight!

Just make sure the towel doesn't say "Holiday Inn".