Supreme Court limits warrantless vehicle searches
Lawyer Blogs
The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers.
The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect.
Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence of a crime will be found.
"When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant," Stevens said.
Justice Samuel Alito, in dissent, complained that the decision upsets police practice that has developed since the court first authorized warrantless searches immediately following an arrest.
"There are cases in which it is unclear whether an arrestee could retrieve a weapon or evidence," Alito said.
Even more confusing, he said, is asking police to determine whether the vehicle contains evidence of a crime. "What this rule permits in a variety of situations is entirely unclear," Alito said.
Related listings
-
US Supreme Court to rule on animal cruelty law
Lawyer Blogs 04/20/2009The U.S. Supreme Court said on Monday that it would decide whether a federal law that makes it a crime to sell videos of animals being tortured or killed violates constitutional free-speech rights. The high court agreed to hear a U.S. Justice Departm...
-
Texas executes man who killed woman during robbery
Lawyer Blogs 04/16/2009A Texas parole violator was executed Wednesday for beating and using kitchen tools to kill a 67-year-old woman in her Lubbock apartment. "I love you all. May the Lord be with you. Peace. I'm done," Michael Rosales said in his brief, final statement.T...
-
U.S. asked to stop 'false information' on medical pot
Lawyer Blogs 04/16/2009Reporting from San Francisco and Los Angeles -- Citing "overwhelming" evidence that marijuana eases pain and anxiety for the chronically ill, medicinal pot advocates told a federal appeals panel Tuesday that the federal government should be stopped f...
New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.