re: officer taking pistol from vehicle

So why would a judge rule in favor of an officers search if it were so clearly cut wrong as you are arguing?

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That is an old case with tons of negative treatment in later decisions.

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Has it been overturned?

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Has it been overturned?

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No. Arizona v Gant limited search when the subject is removed from the car and you know he will not have access to it again but that is all that jumps to mind.

yea.

Good for you. Stay the course, your state our states, are in dire need of young lawyers that have respect for constitutional and individual rights of its citizens.

I'm sympathetic to both sides of this debate. Every LEO has the right and obligation to return home to their family at the end of their work day.

Just don't color the law while making that effort to do so.

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I believe N.Y. vs Belton

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Deals with a search incident to arrest. No arrest has been made here.

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But you sounded pretty confident earlier in it being a violation of the 4th Amendment. If it's a violation, wouldn't the "fruit of the poisonous tree" be excluded?

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There are exceptions, and again, the law is not applied in a vacuum. Most of the time, the offense is a drug offense and it isn't worth the time or money to appeal the evidence ruling.

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Potentially. There are other factors that go into the exclusionary rule. The law also is not applied in a vacuum.

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What are you talking about. The exclusionary rule would allow the evidence to be presented even if there were flaws in producing the evidence and delivery. The only two instances I can think of in this scenario would be if a private citizen searched the car and found the evidence or a faulty search warrant was approved and evidence was still found. Are you really in law school?

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Deals with a search incident to arrest. No arrest has been made here.

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It deals with custodial arrest. What do you think has happened when you are detained? Are you really in law school?

10.5 years

1. State v. PierceQuotes KeyCited case
1994
136 N.J. 184, N.J.

Automobiles. Police were not authorized to conduct warrantless search of vehicle incident to warrantless arrest of driver for driving with suspended license.


2. Com. v. Knoche
1996
451 Pa.Super. 54, Pa.Super.

CRIMINAL JUSTICE - Arrest. Search incident to arrest did not justify warrantless search of automobile passenger's purse after driver was arrested.

5. State v. EckelQuotes KeyCited case
2006
185 N.J. 523, N.J.

CRIMINAL JUSTICE - Searches and Seizures. Police may not conduct a warrantless search of car as incident to arrest after occupants have been removed and are in custody.

State v. Carroll
2006
386 N.J.Super. 143, N.J.Super.A.D.

CRIMINAL JUSTICE - Search Incident to Arrest. Officers' warrantless search of vehicle was not justified under the state constitution as a search incident to arrest.

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It deals with custodial arrest. What do you think has happened when you are detained? Are you really in law school?

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Knowles v. Iowa

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Following denial of suppression motion, conviction for possession of a controlled substance and keeping a controlled substance in an automobile was affirmed by the Iowa Supreme Court, 569 N.W.2d 601, and certiorari was granted. The Supreme Court, Chief Justice Rehnquist, held that a full search of an automobile pursuant to issuance of a citation for speeding, as authorized by an Iowa statute, violated the Fourth Amendment.

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