[Vision2020] And From Moscow We Have . . .

[Ted Moffett]

Police can "search" a vehicle in a traffic stop just for speeding, according
to the legal information below, regarding a case in Illinois, that went to
the US Supreme Court.  They are legally allowed, thanks to the US Supreme
Court's sell out of the Fourth Amendment to the US Constitution, to assemble
the drug dogs with minimal suspicion, etc. As if your phrases uttered to the
police have legal force to stop a search?  And who decides what exactly
defines whether or not a drug dog "alerts" to the smell of drugs?  Officer
discretion?  You can announce you do "not consent to a search" all you
want.  They have the legal right to "search" your vehicle regardless, with
minimal pretext, given the current state of law regarding the boundaries of
the protections provided by the eroded state of the Fourth Amendment
protections against unreasonable search and seizure:

http://www.jmls.edu/facultypubs/oneill/oneill_column_1208.shtml

In 2003, the Illinois Supreme Court examined the use of drug-sniffing dogs
in *People v. Caballes, *207 Ill.2d 504 (2003) (''*Caballes I*''). There the
state police, without any reasonable suspicion that drugs were present, used
a drug-sniffing dog during a traffic stop for speeding. The dog alerted and
drugs were found in the car. The Illinois Supreme Court suppressed the
drugs. It began its analysis by conceding that the dog sniff itself was not
a ''search'' under the Fourth Amendment. But the ''scope'' of a traffic stop
must be restricted by both the ''duration'' and the ''manner'' of the stop.
The court conceded that the dog sniff did not improperly increase the
''duration'' of the stop. But the problem was the ''manner'' of the stop:
the police could provide absolutely no reason why they shifted their
interest from the speeding charge to whether the car contained drugs.
Therefore, the use of the dog meant that the police activity impermissibly
changed the ''manner'' of the stop from a focus on speeding to a focus on
drugs. Because the police thus improperly expanded the ''scope'' of the
stop, the court suppressed the drugs.

The U.S. Supreme Court reversed. *Illinois v. Caballes, *543 U.S. 405
(2005). First, the court held that in considering the proper scope of the
stop ''manner'' was irrelevant; the only relevant consideration was
''duration.'' Since the dog sniff was not a search and it did not improperly
extend the ''duration'' of the stop, it was proper.

On remand, the Illinois Supreme Court simply acquiesced in the U.S. Supreme
Court's decision and held for the prosecution. *People v. Caballes, *221
Ill.2d 282 (2006) (''* Caballes II*'').

------------------------

Vision2020 Post: Ted Moffett


On 5/20/09, Paul Rumelhart <godshatter at yahoo.com> wrote:
>
>   Yet another good reason why you should never talk to the police.
> Remember the phrases "I do not consent to a search" and "Am I free to go?"
>
> Paul
>
> --- On *Wed, 5/20/09, Warren Hayman <whayman at roadrunner.com>* wrote:
>
>
> From: Warren Hayman <whayman at roadrunner.com>
> Subject: Re: [Vision2020] And From Moscow We Have . . .
> To: "Tom Hansen" <thansen at moscow.com>, "donald edwards" <
> donaledwards at hotmail.com>
> Cc: "Moscow Vision 2020" <vision2020 at moscow.com>
> Date: Wednesday, May 20, 2009, 10:55 AM
>
> Not long ago someone told me that he has hated police ever since he was
> pulled over a few years ago. When asked if he had been drinking, he said
> no,
> that he smoked a joint about an hour before. He was astonished and
> infuriated when arrested.
>
> Warren Hayman
>
> ----- Original Message -----
> From: "Tom Hansen" <thansen at moscow.com<http://mc/compose?to=thansen@moscow.com>
> >
> To: "donald edwards" <donaledwards at hotmail.com<http://mc/compose?to=donaledwards@hotmail.com>
> >
> Cc: "Moscow Vision 2020" <vision2020 at moscow.com<http://mc/compose?to=vision2020@moscow.com>
> >
> Sent: Wednesday, May 20, 2009 10:41 AM
> Subject: Re: [Vision2020] And From Moscow We Have . . .
>
>
> > Although my intent was humor (as the 24-year-old man approached a police
> > officer), seriousness should be given to the potential plight of a dealer
> > who "laces" his/her stash of cannabis with "substances unknown" for the
> > purpose of realizing more sales in these troubled economic times.
> >
> > As Don suggests, the best way to control something is to legalize and
> > regulate it.
> >
> > Thanks, Don.
> >
> > Tom Hansen
> > Moscow, Idaho
> >
> >
> >>
> >>
> >> Hi Tom, this is a glaring example of the need for legal govt. controlled
> >> marijuana available through the corner smokeshop.  Could have been
> >> formaldahyde or PCP?  Same things happened from drinking bathtub Gin.
> No
> >> quality control and billions in lost tax revenue.
> >>
> >>
> >>
> >>>From MSN Money's highest rated & Editor's choice archives.  "In the
> early
> >>> 1930s, one of the reasons that alcohol was brought back was because
> >>> government revenue was plummeting," Harvard economist Jeff Miron said.
> >>> "There are some parallels to that now."
> >>
> >>
> >>
> >>
> http://articles.moneycentral.msn.com/Investing/StockInvestingTrading/a-budget-cure-marijuana-taxes.aspx
> >>
> >>
> >>
> >> Not quite as bad as trusting a paranoid junkie with no chemistry degree
> >> to
> >> cook your Meth for you though.  They have a one in three chance of not
> >> making either poison (in the literal sence) or a trailer bomb.
> >>
> >>
> >>
> >> Don
> >>
> >
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> > =======================================================
>
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> =======================================================
>
>
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