Pubdate: Wed, 30 Sep 2015
Source: Trentonian, The (NJ)
Copyright: 2015 The Trentonian
Contact:  http://www.trentonian.com
Details: http://www.mapinc.org/media/1006
Author: L.A. Parker

COURT RUNS JUSTICE OFF ROAD WITH VEHICLE SEARCH DECISION

Police can now search a vehicle without a warrant if they have 
probable cause to believe there is contraband or evidence of a crime 
as long as the circumstances that led to the probable cause are 
foreseeable and spontaneous.

In other words, police, who are already in an incredible struggle 
with society regarding use of force, have just assumed more power.

Legal traffic stops can now morph into police in full violation of a 
motorist's rights based on an officer being pissed off because a 
person refuses to kiss his pinkie ring. The Supreme Court ruling 
reverts back to 2009 law but the national issues between police and 
community are in much more dire conditions now then six years back.

Sorry, while my affection exists for many law enforcement officers, 
the reality is that some bad ones exist. Plus, as stated in a 
previous column, good police have no intention to weed out their bad brethren.

Probable cause? WTH does that mean? So, a police officer pulls over a 
motorist for failing to signal a lane change. They exchange 
unfriendly words that result in the police officer being angry about 
not receiving the respect he or she feels entitled to.

A power play ensues and the police officer determines that he smells 
a hint of cannabistro in the car then searches the vehicle. The 
motorist has not smoked weed since 1972 while phased out on Jimi 
Hendrix' "Purple Haze" yet the cop can keep you stuck on the side of 
the road until he's made his point.

Meanwhile, the driver, who feels like he's tripping while listening 
to the 1967 Procol Harum "Whiter Shade of Pale", turns that color 
fearing that junior may have left a roach in the arm console.

You know, a time existed when gummy bears were actually just fructose 
and not some mindblowing edible that leaves ingesters in various 
stages of paralysis. Can police enact reasonable cause about your 
child's candy collection?

Many motorists have suffered through that experience when police 
officers, who already have all the power, feel a need to show people 
they rule the highways. They keep you waiting as you sweat through 
your underwear.

In August, John Felton received a warning for a traffic signal 
violation. Felton quizzed the Dayton, Ohio officer about being 
stopped. The officer replied, "Because you made direct eye contact 
with me and held onto it when I was passing you."

While a car search did not follow, this incident highlights how 
subjectivity can be wielded by police. If one waves toward a passing 
police officer then gets pulled over for a violation can the cop ask 
for a car search based on his opinion the motorist acted too friendly?

"One can only wonder why the State and the majority of this Court 
find it appropriate to turn from the progressive approach 
historically taken in this State to privacy and constitutional rights 
of motorists," wrote Justice Jaynee LaVecchia in her dissent.
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