hey guys i did a quick little search and didnt find anything here so thought i'd share this info for you good news for all of us Supreme Court scales back police right to search cars - Los Angeles Times Supreme Court scales back police right to search cars [COLOR=#333333! important]The ruling limits searches to cases when there may be a weapon within the suspect's reach or evidence related to the arrest. The decision sets aside broader powers granted by the court in 1981.[/COLOR] [COLOR=#999999! important]By David G. Savage April 22, 2009 [/COLOR] Reporting from Washington -- The Supreme Court put a new limit on police searches of cars Tuesday, saying that "countless individuals guilty of nothing more serious than a traffic violation" have had their vehicles searched in violation of their rights. In a 5-4 decision, the justices set aside a 1981 opinion that had given police broad authority to search cars whenever they made an arrest. Instead, the justices said that an arresting officer could search a vehicle only if weapons were potentially in reach of the suspect or if there was reason to believe that the car contained evidence related to the arrest. For example, if the driver was arrested in a drug crime, the car could be searched for drugs. Justice John Paul Stevens, speaking for the court, said that merely arresting a driver does not "provide a police entitlement" to search the vehicle without a warrant. He said the court's past rulings had given police too much leeway, allowing them to search cars even when there was no threat to officers' safety. For example, if a motorist was handcuffed and put in a patrol car, there was no danger that he could reach a weapon in his car.
Hell Yes! this is awesome news! finally i can smoke in my car without freaking out that some cop will smell it in a week! is the ruling effective immediately? i think it means they can only search for drugs if they pull you over for a drug related crime already committed.
in most states, mj odor constitutes probable cause, so if your car smelled skunkish, the cop could still search.
except this is a national ruling, it trumps state laws. now the only way they can search your car is with a warrant, the officer is in danger, or if they suspect something related to what they are arresting you for
according to what the law used to say, if you were placed under arrest during a traffic stop, the officer could then search the vehicle. the law now states that if you are arrested during a traffic stop, then the cop has to get a search warrant or have probable cause to search the vehicle. if during a traffic stop, the cop smells the odor of mj, that by itself would constitute probable cause allowing a search. if probable cause exists, a search warrant is not needed.
Okay, here's the deal: In the past, the law allowed the police to search your vehicle subsequent to arrest regardless the offense. Now, the police can search only if they have reason to believe that they'll find evidence of the crime for which you've been arrested in the car. For example, if you're pulled over and arrested because you have a suspended license or you failed to appear in court, the police would not be allowed to search your car because there's no chance they'll find evidence of that crime. The ruling has nothing to do with probable cause. The police are still allowed to search your vehicle if they have PC to believe that you're committing a crime. For instance, you'd still be in trouble if an officer smelled marijuana inside your vehicle or determined that you're operating the vehicle while under the influence.