I was quiet because I didn’t deal drugs.
When they took the sixth amendment,
I was quiet because I was innocent.
When they took the second amendment,
I was quiet because I didn’t own a gun.
Now they’ve taken the first amendment,
and I can say nothing about it.
via Yahoo! News
WASHINGTON – The Supreme Court affirmed Wednesday that police have the power to conduct searches and seize evidence, even when done during an arrest that turns out to have violated state law.
The unanimous decision comes in a case from Portsmouth, Va., where city detectives seized crack cocaine from a motorist after arresting him for a traffic ticket offense.
David Lee Moore was pulled over for driving on a suspended license. The violation is a minor crime in Virginia and calls for police to issue a court summons and let the driver go.
Instead, city detectives arrested Moore and prosecutors say that drugs taken from him in a subsequent search can be used against him as evidence.
“We reaffirm against a novel challenge what we have signaled for half a century,” Justice Antonin Scalia wrote.
Scalia said that when officers have probable cause to believe a person has committed a crime in their presence, the Fourth Amendment permits them to make an arrest and to search the suspect in order to safeguard evidence and ensure their own safety.
Moore was convicted on a drug charge and sentenced to 3 1/2 years in prison.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
But, Scalia’s SCOTUS has spoken. I don’t care if the guy was a crackhead– this wasn’t quite about just him. The SCOTUS just made WARRANTLESS SEARCH AND SEIZURE LEGAL.
On a related note: So, we have this new program being started in Washington, DC and Los Angeles, where Cops go door-to-door, and offer to Search the parent’s child’s room for illegal guns. The SCOTUS has now made it legal for those Cops to arrest and try anyone in the house for anything else that they might find in the house– even though the “warrant” is for guns in one specific bedroom. LA and DC had better quash that program toot-sweet.
thanks to MonkeyFister
chalmers johnson is saying the same thing…