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Unbelievable. Simply unbelievable. We are fast becoming a police state, and nobody seems to care.Originally Posted by ITdrummer
The Louisiana Supremes just gave the police the ability to lie to search your vehicle. It is a totally subjective standard now. It isn't the honest police I'm worried about. It is the lazy cops. The ones who don't mind bending the rules a little.
Furthermore, I still don't know why we care how people choose to get intoxicated. It is none of the government's damned business. We spend untold resources trying to stop people from getting high. Far more people are getting killed in the war on getting high than would ever die if we just let people do their own thing. Prohibition gave us Al Capone. The war on getting high gives drug lords and murder in Mexico. We need to stop this nonsense.
Does anybody out there but me think that both the conservatives and liberals are hell bent on taking away our freedoms? If I want to get all strung out on heroine on the outskirts of town, that is my business. If I want to put my John Thomas into a lady of the evening, that is our business. If I want to use an incandescent light bulb, I ought to be able to do that. If I want an old fashioned toilet that completely washes away my crap on a first flush, I ought to be able to buy one.
I want the freaking government out of my life as much as reasonably possible. Why are we letting them do this to us? I'm flabbergasted.
It's time to close the doors to the Temple of Janus.
VERY well put, my friend. This "war on drugs" has been, and is a complete failure. Why is it anyone's damn business what I choose to do in my own home?
The title of this thread is misleading. The warrantless search of the vehicle wasn't done on a hunch. As the police officer approached the car, the driver acted panicked and was fidgiting with the middle console. This observed activity was the basis for the warrantless search. I suspect that most judges would find such activity to give rise to probable cause.
The real issue in dispute is whether the officer had the legal basis for approaching the vehicle in the first place. In order for an officer to briefly detain someone, the officer must reasonably suspect that the person is involved in criminal activity. This reasonable suspicion standard is lower than probable cause.
The court found that the officer's initial approach of the vehicle did not constitute a "detention" since the car was already parked. I think this is a dubious claim, given that no driver would feel free to drive away if a uniformed police officer is approaching your vehicle. Perhaps noting that this conclusion was questionable, the court noted in a footnote that the officer's observations were sufficient to satisfy the reasonable suspicion standard in the event that the officer's approach of the vehicle was tantamount to a detention.
This ruling was about VEHICLE searches, not home searches. And that is EVERYONE'S damn business considering the vehicular murder and mayhem caused by the mixture of alcohol/drug consumption and driving.
True, but it's none of your business what I carry in my car if I don't consume it while I'm driving.
It's time to close the doors to the Temple of Janus.
My reply was in response to Sooner's post, not the OP.
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