SCOTUS deals new blow to Fourth Amendment

Posted on April 26th, 2014 by Global Ganja Report and tagged , , , , , , .

SCOTUSThe US Supreme Court ruled 5-4 on April 22 in Navarette v. California that a traffic stop that led to a marijuana arrest was constitutional because police had reasonable suspicion the driver was intoxicated. In 2008, California Highway Patrol officers stopped Lorenzo Prado Navarette's pickup truck on a Mendocino County road based on a 911 tip about reckless driving. The officers said they smelled marijuana when approaching the vehicle. They conducted a search and found 30 pounds of cannabis. Navarette and a passenger were arrested and charged. At trial, they moved to suppress the evidence on grounds that the search violated their Fourth Amendment rights because the officers lacked reasonable suspicion when they pulled Navarette over. But in the opinion authored by conservative Justice Clarence Thomas, the majority found that while an anonymous tip will not always lead to reasonable suspicion, in this case it did. The court found that "under appropriate circumstances, an anonymous tip can demonstrate sufficient indicia of reliability to provide reasonable suspicion to make an investigatory stop." Conservative Justice Antonin Scalia wrote a dissent that was joined by the court's liberals, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Conservatives John Roberts and Samuel Alito lined up with the majority, as did swing voters Stephen Breyer and Anthony Kennedy. (Sacramento Bee, This Week, Jurist, April 22)

Photo by Delta Mike 

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SCOTUS scores blow for Fourth Amendment

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It is unconstitutional for police to hold a motorist without reasonable suspicion while waiting for a drug-sniffing dog to arrive on the scene, the Supreme Court rulied April 21 in Rodriguez vs. United States. The case concerned a Nebraska traffic stop that turned up a small amount of methamphetamine after a dog was brought in—despite the fact that the motorist did not consent to a search. (High Times)

Comment by Global Ganja Report on Apr 25th, 2015 at 1:58 am

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