3 ms·

That would be a fine argument if the police could not always find a reason to arrest people. The DEA has already admitted that it asks local cops to find a rea

That would be a fine argument if the police could not always find a reason to arrest people. The DEA has already admitted that it asks local cops to find a reason to pull people over and search their cars. What makes you so sure the same approach would not be used in the case of a cell phone search? We have already seen numerous cases of mass arrests of protesters; under this reasoning, the police should be allowed to search their phones and get more information about planned protests / strategies / etc. (from emails, text messages, etc.).

tptacek 13y ago
The police cannot search your car simply because you've been pulled over in a traffic stop. They are required to have probable cause to effect a search or an arrest. There are whole log ACLU videos about not being bamboozled by staties who "ask" to search your car. Additionally, I think it's important to keep in mind the specific way your protections against search bind on the state. You can always sue the state for harassment or somesuch, but the real day-to-day potency of the Fourth Amendment comes from the Exclusionary Rule, which forbids the introduction of evidence from searches that contravene the Fourth Amendment as interpreted by the courts. Point being: yes, the police can always find reasons to arrest you. For that matter, they can ignore their General Orders entirely, throw you up on your car, and search you and your bags with no cause whatsoever; if you resist that illegal search, you'll be charged (and probably convicted!) of battery. But in the system we have, there's not much point to them doing that, because if they make a bullshit arrest, the evidence they generate from the resulting search will get tossed. Getting arrested is a big deal. They can't just arrest you because you look funny.

3 ms·

That would be a fine argument if the police could not always find a reason to arrest people. The DEA has already admitted that it asks local cops to find a rea

by betterunix 13y ago

tptacek 13y ago
The police cannot search your car simply because you've been pulled over in a traffic stop. They are required to have probable cause to effect a search or an arrest. There are whole log ACLU videos about not being bamboozled by staties who "ask" to search your car. Additionally, I think it's important to keep in mind the specific way your protections against search bind on the state. You can always sue the state for harassment or somesuch, but the real day-to-day potency of the Fourth Amendment comes from the Exclusionary Rule, which forbids the introduction of evidence from searches that contravene the Fourth Amendment as interpreted by the courts. Point being: yes, the police can always find reasons to arrest you. For that matter, they can ignore their General Orders entirely, throw you up on your car, and search you and your bags with no cause whatsoever; if you resist that illegal search, you'll be charged (and probably convicted!) of battery. But in the system we have, there's not much point to them doing that, because if they make a bullshit arrest, the evidence they generate from the resulting search will get tossed. Getting arrested is a big deal. They can't just arrest you because you look funny.