The Pennsylvania Supreme Court ruled recently that police are allowed to search vehicles without a warrant. Meanwhile, the state General Assembly is advancing a bill to grant police authority to arrest those with “secret compartments” in their vehicles.
The bill’s sponsor, State Rep. Kate Harper, said law enforcement asked her to introduce the bill, the PA Independent reported, to crack down on smuggling between New York and Florida.
So what the hell happened in Philiadelphia? Now law enforcement is making laws, and the constitutional law that the revolutionary war veterans crafted in response to the British intrusion into American homes, is now ignored in Pennsylvania.
In a 4 to 2 decision weeks ago, the state Supreme Court decided that police could conduct searches of vehicles based solely on probable cause, or an officer’s reasonable belief that the vehicle contained illegal goods or evidence of a crime. The new standard puts the state in line with the federal law, which allows warrantless searches of vehicles.
If cops were trusted to behave professionally, getting a warrant from a judge would not have been a requirement since 1789, and the 6th ammendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Looks like the people in power in Pennsylvania have decided that the vague terms "unreasonable" and "probably cause" are all up to the officers to decide.... and no longer an impartial 3rd party, a judge, to be convinced that a search is going to be needed to find evidence of a crime.
A search warrant used to be a legal requirement that specified what was being searched for, where, and when, all with the reason why.
With a search any time a cop feels like harassing someone, anything they find regardless of why they are looking will be immediate cause for arrest.
In addition to New Mexico, Arizona, and Utah, I'll also recommend avoiding Pennsyvania
http://thefreethoughtproject.com/cops-pennsylvania-search-car-warrant/
http://www.philly.com/philly/news/politics/state/Pa_giving_more_authority_to_cops_in_car_searches.html
Last year it was cops stopping people for questioning, now it's vehicle searches.
If a cop claims to smell marijuana, then they can search, and a driver or car passengers have zero legal protections against police abuse, regardless of the facts or actual circumstances.
And if a cop claims you are a terrorist, or support terrorists, or suspected of being affiliated with terrorists, you're going to have zero legal ground to defend yourself, and be arrested, indefinitely held, and never get a trial http://rt.com/usa/obama-ndaa-appeal-suit-229/
A federal appeals court just ruled that the police have a legal right to stop, search and arrest you for innocent behavior including driving with your hands at the ten-and-two position on the steering wheel at 7:45 p.m., taking a scenic route and having acne.
To the Tenth U.S. Circuit Court of Appeals, these factors added up to fit the profile of a person smuggling undocumented immigrants and drugs. The court said, "Although the factors, in isolation, may be consistent with innocent travel ... taken together they may amount to reasonable suspicion."
http://www.huffingtonpost.com/larry-bodine/federal-court-the-police-_b_5223918.html
The bill’s sponsor, State Rep. Kate Harper, said law enforcement asked her to introduce the bill, the PA Independent reported, to crack down on smuggling between New York and Florida.
So what the hell happened in Philiadelphia? Now law enforcement is making laws, and the constitutional law that the revolutionary war veterans crafted in response to the British intrusion into American homes, is now ignored in Pennsylvania.
In a 4 to 2 decision weeks ago, the state Supreme Court decided that police could conduct searches of vehicles based solely on probable cause, or an officer’s reasonable belief that the vehicle contained illegal goods or evidence of a crime. The new standard puts the state in line with the federal law, which allows warrantless searches of vehicles.
If cops were trusted to behave professionally, getting a warrant from a judge would not have been a requirement since 1789, and the 6th ammendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Looks like the people in power in Pennsylvania have decided that the vague terms "unreasonable" and "probably cause" are all up to the officers to decide.... and no longer an impartial 3rd party, a judge, to be convinced that a search is going to be needed to find evidence of a crime.
A search warrant used to be a legal requirement that specified what was being searched for, where, and when, all with the reason why.
With a search any time a cop feels like harassing someone, anything they find regardless of why they are looking will be immediate cause for arrest.
In addition to New Mexico, Arizona, and Utah, I'll also recommend avoiding Pennsyvania
http://thefreethoughtproject.com/cops-pennsylvania-search-car-warrant/
http://www.philly.com/philly/news/politics/state/Pa_giving_more_authority_to_cops_in_car_searches.html
Last year it was cops stopping people for questioning, now it's vehicle searches.
If a cop claims to smell marijuana, then they can search, and a driver or car passengers have zero legal protections against police abuse, regardless of the facts or actual circumstances.
And if a cop claims you are a terrorist, or support terrorists, or suspected of being affiliated with terrorists, you're going to have zero legal ground to defend yourself, and be arrested, indefinitely held, and never get a trial http://rt.com/usa/obama-ndaa-appeal-suit-229/
A federal appeals court just ruled that the police have a legal right to stop, search and arrest you for innocent behavior including driving with your hands at the ten-and-two position on the steering wheel at 7:45 p.m., taking a scenic route and having acne.
To the Tenth U.S. Circuit Court of Appeals, these factors added up to fit the profile of a person smuggling undocumented immigrants and drugs. The court said, "Although the factors, in isolation, may be consistent with innocent travel ... taken together they may amount to reasonable suspicion."
http://www.huffingtonpost.com/larry-bodine/federal-court-the-police-_b_5223918.html
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