Supreme Court Overturns New York v. Belton

http://www.washingtonpost.com/wp-dyn/content/article/2009/04/21/AR2009042102125.html



I never even knew police could search the car of an arrested suspect without a warrant.Supreme Court Overturns New York v. Belton
Just another pointless amendment to make the job harder for cops.Supreme Court Overturns New York v. Belton
It has always been like that. If the police have ''reasonable cause'', then they may search the car.
[QUOTE=''limpbizkit818'']It has always been like that. If the police have ''reasonable cause'', then they may search the car.[/QUOTE]This is limiting the reasons for a search.
Seems like a good decision to me. That said, that is most certainly an unusual majority...
[QUOTE=''Guybrush_3''][QUOTE=''limpbizkit818'']It has always been like that. If the police have ''reasonable cause'', then they may search the car.[/QUOTE]This is limiting the reasons for a search.[/QUOTE]

The police can still search a car if they have reasonable cause. All this ruling is saying is that arresting someone is not one of those reasons.
Well that is nice. They shouldn't just search your car like that. If you are arrested, than they just take your car and wait for a warrent if they need to search it so bad.
[QUOTE=''Avistann'']Just another pointless amendment to make the job harder for cops.[/QUOTE]



Henry v. United States (1959), which established that ''it is better, so the Fourth Amendment teaches, that the guilty sometimes go free than that citizens be subject to easy arrest.''
It's called common law.
[QUOTE=''Jacobistheman'']Well that is nice. They shouldn't just search your car like that. If you are arrested, than they just take your car and wait for a warrent if they need to search it so bad.[/QUOTE]They are going to get the warrant anyways. Just let them search it. It's called common law search after arrest
[QUOTE=''mfacek''][QUOTE=''Avistann'']Just another pointless amendment to make the job harder for cops.[/QUOTE]



Henry v. United States (1959), which established that ''it is better, so the Fourth Amendment teaches, that the guilty sometimes go free than that citizens be subject to easy arrest.''[/QUOTE]



The suspect has to have already been arrested in regards to the type of search this ruling governs..........
[QUOTE=''Mafiree''][QUOTE=''mfacek''][QUOTE=''Avistann'']Just another pointless amendment to make the job harder for cops.[/QUOTE] Henry v. United States (1959), which established that ''it is better, so the Fourth Amendment teaches, that the guilty sometimes go free than that citizens be subject to easy arrest.''[/QUOTE] The suspect has to have already been arrested in regards to the type of search this ruling governs..........[/QUOTE]Being arrested for a crime does not automatically mean you have something illegal in your car. The ruling demonstrates, yet again, that REASONABLE CAUSE is needed for a search, being arrested does not automatically equate to reasonable cause. This goes back to the quote I pulled up from the Supreme Court case. Certainly there will be people who get off for various offenses because their car is not searched, however this help ensures that citizens will not be subject to an easy search/arrest.
[QUOTE=''mfacek''][QUOTE=''Mafiree''][QUOTE=''mfacek'']



Henry v. United States (1959), which established that ''it is better, so the Fourth Amendment teaches, that the guilty sometimes go free than that citizens be subject to easy arrest.''[/QUOTE]



The suspect has to have already been arrested in regards to the type of search this ruling governs..........[/QUOTE]



Being guilty of a crime does not automatically mean you have something illegal in your car. The ruling demonstrates, yet again, that REASONABLE CAUSE is needed for a search, being arrested does not automatically equate to reasonable cause. This goes back to the quote I pulled up from the Supreme Court case. Certainly there will be people who get off for various offenses because their car is not searched, however this help ensures that citizens will not be subject to an easy search/arrest. [/QUOTE]



What is reasonable cause?



It is either probable cause or reasonable suspicion, at least all the legal classes I have had. The distinction is significant.



Probable cause is needed for an arrest. Search incident to arrest was the old grounds for a search of the passenger compartment in this situation, no probable cause/reasonable suspicion needed .........