4.21.2009

Supreme Court Boring Blog

I always get excited when the Supreme Court decides a criminal law case that could actually effect affect cases that I'm currently handling. So my law pants went crazy today when I saw the headline of "Supreme Court Limits Searches Of Cars." (<-----Note the period inside the quote.) But my joy, as so often the case on my typical Saturday night, was short lived. The court ruled that the cops don't get to search a vehicle if the only reason for the search is the arrest of the driver. This is called the "search incident to an arrest" exception to that little nuisance known as the Fourth Amendment. But that exception doesn't apply to automobiles any more. Does it really matter? No. The cops can still search a car, more or less, if:
  1. They have probable cause to believe something illegal is in the car (i.e. "Boy, do I smell the Devil's lettuce?"),
  2. As part of an "inventory search" if an arrest occurs (Note to Wise County cops: You guys normally do it wrong),
  3. There is no arrest but the cops have a reason to "fear for their safety," or
  4. A consent from the driver.
Edit: Hey, look what the Big Brains at the Texas District And County Attorneys wrote about the decision. I think they copied me!!! So what's the lesson today, kids? Don't keep dope in your car.

10 comments:

Anonymous said...

...a case that could AFFECT cases you're handling...

Hey, I went to NTSU also, and learned English.

Fake Don Henley

Anonymous said...

Don't keep dope in your car. More importantly, try to stay away from the dope. And most importantly, don't let your dope-head friends in your car.

Anonymous said...

Damn, I miss searching incident to arrest already!.........

Anonymous said...

We're drugs or alcohol involved?

Anonymous said...

that pic looks like doug whitehead & leonard denny.

Anonymous said...

Junior...you want anything? I want some hushpuppies daddy! We ain't got time for that crap!!!! RIP Buford T. Justice

Anonymous said...

The Great One! Jackie Gleason is of my all-time favorite actor/comedians. His movie Gigot still makes me cry.

My Other Brother Darryl

Anonymous said...

....or you may actually possess morals instead of pretending and say, "stay away from dope".

Anonymous said...

Oh Mister Bandit.....can you hear me out there,boy?

Anonymous said...

Hmmmm....what about in your apartment? Know someone who got busted because officers were called for loud noise at another apartment, but saw lots of people at my friend's...officers came over, smelled funny stuff and proceded to tear the apartment apart. Needless to say, found a miniscule amount of you know what and arrested her. It didn't belong to her but it was her apartment....