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Thread: Court now okays police conducting warrantless searches of your car.

  1. #1
    Regular Member Freedom1Man's Avatar
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    Court now okays police conducting warrantless searches of your car.

    http://thefreethoughtproject.com/sta...earch-vehicle/
    n Thursday, police were give the authority to 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 unforeseeable and spontaneous.

    In other words, cops in New Jersey, can now make up any reason they want to search your private property.

    “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,” Justice Jaynee LaVecchia wrote in her dissent.

    The door has once again been left wide open for abuse by police in searching vehicles. With the billions stolen annually from innocent people in the name of civil asset forfeiture, does it seem like a good idea to give police even more power to violate the rights of the citizens?

    Read more at http://thefreethoughtproject.com/sta...Ly3Sfw21ZAX.99
    "Yes your honor, I believed that I needed to search to the car to prove that he/she/it was violating some law, some how."
    Last edited by Freedom1Man; 09-26-2015 at 08:45 PM.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Quote Originally Posted by Freedom1Man View Post
    http://thefreethoughtproject.com/sta...earch-vehicle/


    "Yes your honor, I believed that I needed to search to the car to prove that he/she/it was violating some law, some how."
    Meh, search incident to arrest, or inventory searches of autos being impounded has been lawful for as long as I can remember.





    P.S. I have not been able to located that ruling to see what it really says.

  3. #3
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by notalawyer View Post
    Meh, search incident to arrest, or inventory searches of autos being impounded has been lawful for as long as I can remember.





    P.S. I have not been able to located that ruling to see what it really says.
    Still wrong.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  4. #4
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    Quote Originally Posted by sudden valley gunner View Post
    Still wrong.
    Absolutely. But this is nothing new or surprising.

  5. #5
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    Now, if the "search incident to arrest" was to simply protect the arrested from loss of property and also to protect the LEA from claims of "lost" property then I'd be ok with it and I suspect many of use here also would be.... But, as long as LE is able to charge additional crimes based upon what is found during this "search incident to arrest" then it is just wrong!
    Last edited by JoeSparky; 09-27-2015 at 01:10 AM.
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    If the above makes me a RADICAL or EXTREME--- So be it!

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    Campaign Veteran skidmark's Avatar
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    Three links followed to find the decision.

    http://www.judiciary.state.nj.us/opi...tevWilliam.pdf

    Now I'm off to read it.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

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  7. #7
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by notalawyer View Post
    Absolutely. But this is nothing new or surprising.
    True. Yet if we remain apathetic to the abuse the abuser will continue to abuse.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  8. #8
    Regular Member solus's Avatar
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    quote: Thursday’s decision brings the state’s requirement for warrantless car searches in line with the federal standard, which requires no such exigent circumstances under the so-called “automobile exception” to the Fourth Amendment. Most states follow the federal standard. unquote. http://blogs.wsj.com/law/2015/09/25/...-car-searches/

    reading office of the clerk's syllabus, the only thing NJ highest court overturned was their warrant telephonic system which was implemented from good intentions but turned out to be, in practice horrific for all concerned. i'm afraid even those with no critical thinking skills can read the state trooper(s) seem to purposely overloaded 'system' quote: The State Police also reported that since Pena-Flores, its state-wide consent to search requests rose from approximately 300 per year to over 2500 per year, and that its patrol policy is to exhaust the consent search option prior to making a determination to seek a warrant, telephonic or in-person. unquote https://www.judiciary.state.nj.us/op...tevWilliam.pdf

    bottom line, IMHO, the shock and awe reporting mentality from the tabloids (term used extremely loosely) flourishing on al gore's invention still captures the attention for knee jerk reactions over much to do about nothing since it doesn't affect federal standard the majority of the states follow!!

    'sides NJ is not a vacation spot since they do not like OC or CC, coupled with the fact i don't know Christie personally to get a permit and i sure don't want to interrupt his presidential aspirations to bother him to ask for a pardon.

    ipse
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    Quote Originally Posted by JoeSparky View Post
    Now, if the "search incident to arrest" was to simply protect the arrested from loss of property and also to protect the LEA from claims of "lost" property then I'd be ok with it and I suspect many of use here also would be.... But, as long as LE is able to charge additional crimes based upon what is found during this "search incident to arrest" then it is just wrong!
    Because cops that would the stuff afterwards wouldn't just do it before?

    "No clue where your gold is. I inventoried the car and never saw it."

  10. #10
    Accomplished Advocate color of law's Avatar
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    The Court:
    Third, the panel agreed with defendant’s argument, raised for the first time on appeal, that Officer Racite did not have a “reasonable and articulable suspicion” to stop defendant for violating N.J.S.A. 39:3-60 because the statute requires drivers to dim their high beams only when “‘approach[ing] an oncoming vehicle’” within five hundred feet. Id. at 614-16 (quoting N.J.S.A. 39:3-60). The panel reasoned that the officer’s vehicle was not an “oncoming vehicle” because it was parked when defendant drove by with active high beams. Id. at 615-16. Because the officer’s vehicle was not “in operation and in the lane of traffic opposite to” defendant’s car, in the panel’s view, Officer Racite had no right to stop him. Ibid.
    We conclude that it would be unfair, and contrary to our established rules, to decide the lawfulness of the stop when the State was deprived of the opportunity to establish a record that might have resolved the issue through a few questions to Officer Racite. The trial court, moreover, was never called on to rule on the lawfulness of the stop. Under the circumstances, the Appellate Division should have declined to entertain the belatedly raised issue. We therefore reverse the Appellate Division and hold that the lawfulness of the stop was not preserved for appellate review.
    In other words, a miscarriage of justice has no basis if not raised at trial. No different than Justice delayed is justice denied.

    As Chief Justice of the United States Warren E. Burger noted in an address to the American Bar Association in 1970:
    A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law – in the larger sense – cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets.
    Here lies George Johnson hanged by mistake – 1882 – He was right we was wrong but we strung him up and he's gone.
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  11. #11
    Regular Member OC for ME's Avatar
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    NJ...meh.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  12. #12
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by color of law View Post
    The truth does not matter. It is us against them and don't you forget it.
    +100
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  13. #13
    Regular Member Grim_Night's Avatar
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    Color of Law, where did you find this quote...

    As Chief Justice of the United States Warren E. Burger noted in an address to the American Bar Association in 1970:
    A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law – in the larger sense – cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets.
    Armed and annoyingly well informed!

    There are two constants when dealing with liberals:
    1) Liberals never quit until they are satisfied.
    2) Liberals are never satisfied.

  14. #14
    Regular Member OC for ME's Avatar
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    Overloaded federal courts lead to delays in civil, criminal cases as judges...

    SAN FRANCISCO — Attorney Martha Gomez has been waiting more than three years to hear from a federal court whether a group of farm workers in California's Central Valley can proceed with their lawsuit alleging wage theft.


    The case in California's Eastern District could result in payouts for thousands of migrant workers, but each passing day raises the possibility that they will have moved on and be impossible to track down, Gomez said.

    http://www.startribune.com/wheels-of...rts/329693721/
    So much for the 6A.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  15. #15
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Grim_Night View Post
    Color of Law, where did you find this quote...
    https://www.nysba.org/courtfundingreport/
    See page four of the PDF or page (iii).

    Warren E. Burger, “What’s Wrong With the Courts: The Chief Justice Speaks Out,” U.S. News & World Report (Vol. 69, No. 8, Aug. 24, 1970) 68, 71 (address to American Bar Association meeting, Aug. 10, 1970) (available at http://en.wikipedia.org/wiki/Justice...justice_denied (last visited Jan. 10, 2012)).

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