Yes, this one breaks down mostly as you'd expect, if you follow the Court on these matters. Justice Ginsburg wrote the opinion of the Court, including the Chief Justice and Justices Scalia, Breyer, Sotomayor, and Kagan. Yes, they acknowledge, officers can do additional tasks which are required for their safety, or which don't prolong the stop, but that's where the line is drawn:There are 3 dissenters: Kennedy, Thomas, and Alito.Traffic stops are �especially fraught with danger to police officers,� so an officer may need to take certain negligibly burdensome precautions in order to complete his mission safely. On-scene investigation into other crimes, however, detours from that mission. So too do safety precautions taken in order to facilitate such detours. Thus, even assuming that the imposition here was no more intrusive than the exit order in Mimms, the dog sniff could not be justified on the same basis. Highway and officer safety are interests different in kind from the Government�s endeavor to detect crime in general or drug trafficking in particular.But what if they do that search really really quickly, asks Eric Holder? No!, responds the Court....
Tuesday, April 21, 2015
"Supreme Court respects Fourth Amendment, protecting meth heads."
The headline at Kos.
Labels:
dogs,
drugs,
Kos,
law,
police,
search and seizure,
Supreme Court
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment