99 problems and the 4th Amendment details

[canav844]

http://slu.edu/Documents/law/Law Journal/Archives/LJ56-2_Mason_Article.pdf

Now I didn't know the song until reading this so I went and looked it up on youtube, it's easy to find but for language and courtesy I'll let those interested look it up.

I learned a couple of things about searches and the case law surrounding, and had a few chuckles while reading it as well.

 

[ejm874]

Great find (especially for a law student like me), thanks for sharing!

 

[g00n24]

I had no idea the po-po could arrest you for any traffic violation and then have free reign to search your vehicle....that sucks

 

[CX1]

That was an excellent article. Thank you for providing the link.

 

[Timjoebillybob]

I had no idea the po-po could arrest you for any traffic violation and then have free reign to search your vehicle....that sucks

I believe that it varies state to state. The case he cites Atwater happened in TX, which virtually all traffic violations are misdemeanors, I believe jaywalking is even considered a misdemeanor. In IN that is not the case, most are civil infractions and not criminal with the usual exceptions such as reckless driving/dui/hit and run/driving on a suspended license/etc.

IANAL and if someone who is or a LEO or anyone has case law or cites stating otherwise I will be glad to be educated.

 

[Titanium_Frost]

I had no idea the po-po could arrest you for any traffic violation and then have free reign to search your vehicle....that sucks

I believe that it varies state to state. The case he cites Atwater happened in TX, which virtually all traffic violations are misdemeanors, I believe jaywalking is even considered a misdemeanor. In IN that is not the case, most are civil infractions and not criminal with the usual exceptions such as reckless driving/dui/hit and run/driving on a suspended license/etc.

IANAL and if someone who is or a LEO or anyone has case law or cites stating otherwise I will be glad to be educated.

This is correct, no arrest for infractions in Indiana. It states very clearly in the IC that the maximum you receive is a court summons/fine.

 

[YukYuPhat]

But it all goes back to what was said in the PDF. Don't give consent, and keep yourself and vehicle "clean" of probable cause. Also, keep records, preferably recordings, of interactions with LEO's. But the easiest way of not having problems with LEOs is knowing the law, and not breaking the law.