Posted: 10:58 AM ETWASHINGTON (CNN) — The Supreme Court offered unanimous support for police Wednesday by allowing drug evidence gathered after an arrest that violated state law to be used at trial, an important search-and-seizure case turning on the constitutional limits of “probable cause.”
“When officers have probable cause to believe that a person has committed a crime in their presence, the Fourth Amendment permits them to make an arrest, and to search the suspect in order to safeguard evidence and ensure their own safety,” wrote Justice Antonin Scalia.
David Lee Moore was stopped by Portsmouth, Va., officers five years ago for driving his vehicle on a suspended license. Under state law in such incidents, only a summons is to be issued and the motorist is to be allowed to go. Instead, detectives detained Moore for almost an hour, arrested him, then searched him and found cocaine.
“The arrest rules that the officers violated were those of state law alone,” Scalia said. “It is not the province of the Fourth Amendment to enforce state law.”
Something about this just doesn't seem right. I mean yes, he shouldn't have had the coke, but "probable cause" is a real iffy one for me. You know they were in Porstmouth (F.B.M. Allan Iverson's home town) so the "probable cause" was probably just being Black. And since they DID find stuff, you know it's just probable cause to keep on profilin. Damn.
2 comments:
yea "probable cause" applies when your skin is the shades of brown.
Damn Pigs Thats St8 Pork Fried Rice!!! lol Cant be buying that!!!
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