POLICE POWERS

Copyright 2006 Chuck Klein

Some recent U.S. Supreme Court (SCOTUS) decisions that may impact you.

 

ROADBLOCKS: It is okay for the police to establish a roadblock for the purpose of gaining information related to a specific criminal act. The case involved a man stopped at a roadblock set up to obtain information about a fatal hit-and-run accident. The subject was found to be DUI and was arrested and subsequently convicted. He appealed, but SCOTUS found that if criminal activity - even if unrelated to the reason for the roadblock - is discovered, it's a good collar. The court in a previous case had said that roadblocks for general crime control purposes are NOT a proper use of police power. [Illinois v. Lidster 74 Cr.L Rpt. 253 (2004); Indianapolis v. Edmond, 531 U.S. 32 (2000)]THE BEST OF CHUCK KLEIN

TRAFFIC STOPS: SCOTUS has also ruled that if you are legally stopped by the police - even for a traffic ticket - the cops may walk a narcotics trained dog around your vehicle while it is stopped. If the dog reacts, your car will be tossed and you might be going bye-bye . The police, however, may NOT retain you beyond a reasonable time such as the time required to write the ticket and run a computer check. In other words, the cops can't keep you at the scene for the purpose of waiting for the dog to arrive. [Illinois v. Caballes, 76 Cr.L 319 (2005)].

ID STOPS: If stopped by the police it is constitutionally permissible for the police to demand that you provide proper identification [Hiibel v. Nevada, 75 Cr.L 269 (2004)].

THE BADGE Though you might have 4th, 5th and/or 14th Amendment rights to be free of ILLEGAL searches, what the court is saying in these cases is, there is no expectation that these constitutional rights extend to LEGAL searches. In other words, if you have illegal drugs, alcohol, weapons or other contraband in your possession when stopped for a legal, but unrelated matter, you're in a heap of trouble.
Police, by their very nature, are always on "fishing expeditions" especially when confronting citizens suspected of criminal activity. Therefore, it is common practice for beat officers to ask questions of a stopped motorist if it is okay to search the vehicle. Even if you have nothing to hide and are an ardent supporter of the police, it is my opinion that one should never give police permission to search your property. There are two main reasons for this:

1) Their search may include removing or dismantling your seats, carpet, parts of your engine, tires, body parts (head/tail lights), etc. Once complete, and even if they don't find anything, the cops have no obligation to reassemble your vehicle, i.e., you might be stuck on the side of the road with a vehicle that can not be driven.

2) If you suspect a police officer is on a "fishing expedition," ask, "Am I under arrest?" If the answer is "no," then ask, "Am I free to go?" If that answer is "no," demand to have a supervisor respond and don't say anything else. If the answer is "yes," say no more and just walk/drive away.
 


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