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  1. #1
    Atomic Punk
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    somewhere over the rainbow
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    10.25.16 @ 11:04 AM
    Liked 777 Times in 312 Posts

    Default Another small win for the Fourth Amendment, thanks to the US Supreme Court.

    Another small win for the Fourth Amendment, thanks to the US Supreme Court. With its ruling in the Rodriguez v. US case, law enforcement officers will have to work just a little bit harder to perform unconstitutional searches during traffic stops.

    "A seizure for a traffic violation justifies a police investigation of that violation” – not more — and “authority for the seizure . . . ends when tasks tied to the traffic infraction are – or reasonably should have been—completed…" Traffic stops have to be reasonably short, and unless there is reasonable suspicion of some other crime, officers can’t use the stop as a subterfuge for extraneous investigation. Most specifically, says Justice Ruth Bader Ginsburg’s opinion for the Court, officers can’t prolong a traffic stop just to perform a dog-sniffing drug search.

    The unanswered question is how long can a traffic stop last before it becomes "prolonged?" The bright line would appear to be that it becomes prolonged if extended past the point a citizen should feel free to go. For instance, if someone's pulled over for speeding, the instant the officer issues a ticket or warning, the stop is over. Any searches performed past that point (including deploying drug-sniffing dogs) would be a violation of the Fourth Amendment if there's no probable cause.
    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  2. #2
    Atomic Punk
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    10.25.16 @ 06:13 PM
    Liked 2,124 Times in 1,260 Posts


    This is especially important because of what SCOTUS has ruled about drug sniffing dogs previously.



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