An article on April 22nd reports: “The Supreme Court on Tuesday dramatically cut back the ability of the police to search the cars of people they arrest.”
WATCHDOG: It is gratifying that the Supremes are reinstating at least a portion of the Fourth Amendment of the Constitution’s protection against unwarranted search and seizure. Over decades, the clause has been all but nullified in the name of the War on Drugs.
If stopped by the police, a person has the right to pull off the road, get out of the car and lock it, only returning to the car if and when dismissed by the officer. There is no obligation to open the car door for the officer even when permission is asked. If the police threaten to get a warrant, invite them to go ahead. They most likely won’t. That is how to preserve Constitutional rights.
“Police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest,” wrote Justice John Paul Stevens for the majority. “When these justifications are absent, a search of an arrestee’s vehicle will be unreasonable unless police obtain a warrant or show that another exception to the warrant requirement applies.” (Source: http://stopthedrugwar.org/chronicle/582/supreme_court_limits_car_searches)
