If only probable cause was what we were working with here but it is not. The key difference is that the recent Supreme Court case included evidence that the asset in question was legally obtained, while Humboldt County only seeks forfeiture of assets obtained through illegal activity. “The Fourteenth Amendment’s Due Process Clause incorporates and renders applicable to the States Bill of Rights protections ‘fundamental to our scheme of ordered liberty,’ or ‘deeply rooted in this nation’s history and tradition.’ The prohibition embodied in the Excessive Fines Clause carries forward protections found in sources from the Magna Carta to the English Bill of Rights to state constitutions from the colonial era to the present day. Every plate is being scanned, regardless of actual suspicion. So you don’t HAVE to buy auto insurance like you HAVE to buy health insurance, just if you want to drive on public roads. 90%? The constitutional protections list in the BoR are problematic for government by design. Yeah, No. Accordingly, the passengers - and not just the driver -- may challenge the constitutionality of the stop. In my state, it’s been estimated that about 15% of drivers on the road do not have valid licenses. You’re right by the way, stay the fucking hypothetical away from there; it is after all America’s experiment as to what life would be like had we not won the Revolution, or lost the Cold War, https://www.inquirer.com/philly/news/new_jersey/20150403_Christie_pardons_Phila__mom_snagged_by_N_J__gun_law.html. WASHINGTON — The Supreme Court ruled on Wednesday that the Constitution places limits on the ability of states and localities to take and keep cash, cars, houses and other private property used to commit crimes. Vehicles can move, leaving officers little time to obtain a search warrant. At least get a look at the driver and see if he’s at least the right age and sex and resembles the license photo, which I’m pretty sure cops can also pull up on their computers. I’m certain you also have 5 black belts but prefer your own brand of martial arts that you made by combining the best of each. Yet another possible explanation for the Court's unanimity in Brendlin is that perhaps the Court chose not to resolve all the thorny issues the case might have presented. The hills that matter have already been lost. We got pulled over several times a week. the copper ASSUMES the driver is guilty until he (the driver)can prove otherwise. The bulletproof glass helps, obviously. They routinely, and constantly violate the Second Amendment. Kansas is saying that probable cause exists here, because the registered owner is presumed to be operating the vehicle. Bullshit. I think assets legally obtained should remain apart from the criminal justice process unless they are needed to cover reasonable fines linked to criminal activity.”. I really would, because the cost of living is tremendous. DUI checkpoints are so obviously unconstitutional only a lawyer could argue otherwise. | Do not ask me where. Are we just going to rewrite the amendments to include a cop’s paranoia? What the KS police did was probably legal, but it bothers me a LEO can just pull you over for absolutely no illegality whatsoever. Revolution history course. What would be useful information but is lacking in this story, is WHY was the guy’s licence pulled in the first place? Instead they are likely to ask someone else to drive it. California Supreme Court Overturns Car Seizure Ordinance The California Supreme Court says cities may no longer seize automobiles from people merely accused of a crime. Is it constitutional for a cop to just run your plate because he is behind you? A car on the road, doing the speed limit, staying in the lines of the road, using turn signals, with no broken DOT signals, current tags, is not exhibiting “probable cause”. Cop asks to search vehicle. They are doing this because many local governments are going broke trying to pay promised pensions. The cops assumed a crime was taking place and the 4th Amendment does not have an “assumption” exception. Maybe the cop is a meth head. Once they do you have to declare that you do or do not have a weapon in your possession. In Carroll and Kiro’s case, officers could not have arrested the men without first searching the vehicle, making the arrest and search invalid. Especially as automatic license plate scanners become more ubiquitous. After he approached the stopped vehicle, he for the first time recognized the passenger, Mr. Brendlin, as someone who had an outstanding no-bail arrest warrant out on him for parole violation. The odds of prevailing here don’t strike me as all that good. Obviously we need mandated license readers installed in all cars to avoid this. Why waste an opportunity to use the on bored computer and a miss a possible nab? Again, constitutional violations abound when a cop doesn’t know something. The automobile exception only applied to federal agents conducting searches until the 1960s when the Supreme Court ruled that it applied to state officers. They assume that most people will not take the time to fight the ticket and just pay the fine. 543, the Court held that a warrantless search of an automobile stopped by police officers who had probable cause to believe the vehicle contained contraband was not unreasonable within the meaning of the Fourth Amendment.The Court in Carroll did not explicitly address the scope of the search that is permissible. Damon Root is a senior editor at Reason and the author of A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution (Potomac Books). Justice Taft wrote that Congress could create a distinction between cars and houses. If I am not breaking a law, and there is no emergency, then I want to be left alone. The 4th Amendment made no distinction between being “detained” and being “arrested”. no. She has also worked at the Superior Court of San Francisco's ACCESS Center. IMHO ALL of the Bill of Rights should apply to the states – especially the 2A – as required by the second section of the 6th Article: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. In fiscal year 2018, state and local agencies received $400 million through this arrangement, known as equitable sharing. I press my pocket CATO Declaration of Independence and US Constitution up to my darkly tinted window and wave. In contrast, the California Supreme Court had missed the significance of this intuitive conclusion - which led to its conclusion that Brendlin had not been "seized," and that no Fourth Amendment violation had occurred. You are comically naïve. Police seem to think that traffic stops are no big deal to people. The middle of the country is as full of petty tyrants and drug warriors as anywhere. You haven’t done anything wrong, no violations, he just wants to see if he gets a “hit” on your tag. SCOTUS is working on narrowing the focus to microscopic levels as we speak, trust me. Little gray men encounter reams of red tape. As the High Court wrote at the very end of its ruling, "[i]t will be for the state courts to consider in the first instance whether suppression turns on any other issue. Yeah, it’s hardly unusual to have a car in one person’s name that is driven almost exclusively by another person. If he would have refused to show ID, then this case would have never happened. Mid-Westerners LOVE their Constitution and The Bill of Rights. He was. Copyright © 2020, Thomson Reuters. Yeah, the previous Governor pardoned a lady who carried a gun into NJ. Would this not be viewed be an opportunity to arrest me for having a [out of state and therefore illegal] handgun on my person, and provide sufficient probably cause to pull me over and demand to search my vehicle? “Since in this case the cop has no idea who specifically is driving the car, ”. Yes; I was just hypothetically pulled over and refused to answer the question about having a gun; my hypothetical car was seized and impounded, and a local judge gleefully issued a hypothetical warrant to search; my little [non hypothetical] Ruger LCP was found, and now I’m hypothetically being charged will illegal possession of a handgun and looking at some serious hypothetical time in the not so hypothetical Republik of New Fucking Jersey.