Washington – The Supreme Court ruled Monday that police officers have leeway to frisk a passenger in a car stopped for a traffic violation even if nothing indicates the passenger has committed a crime or is about to do so.
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The court on Monday unanimously overruled an Arizona appeals court that threw out evidence found during such an encounter.
The case involved a 2002 pat-down search of an Eloy, Ariz., man by an Oro Valley police officer, who found a gun and marijuana.
The justices accepted Arizona’s argument that traffic stops are inherently dangerous for police and that pat-downs are permissible when an officer has a reasonable suspicion that the passenger may be armed and dangerous.
The pat-down is allowed if the police “harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public,” Justice Ruth Bader Ginsburg said.
This is a big incentive to drive like a Tzaddik. I can’t even imagine getting pulled over and frisked. I thought we were never going to evolve into a Police State, but even here in the USA it looks like it is truly happening. At the same time, Guantanomo is being closed and the terrorists are going to be released. Did you read a couple weeks ago that the University of South Florida Egyptian engineering exchange student on trial for driving outside an Army Base in North Carolina with bombs in his trunk just had the videos of bomb making and Al Qaida terrorists EXCLUDED from evidence !!! What is the world coming to. They can frisk you but not use evidence of a terrorist’s bomb making here in the USA by an Egyptian “exchange student.” Mashiach had better start coming or our Country will be in big trouble soon !!! Holy Cow !!!
Police powers in the U.S. have grown to an unacceptable level. Abuse is rampant.
Big brother coming.
Clearly a common-sense decision by the high court that will save the lives of police officers doing traffic stops and lead to the arrests of more dangerous criminals and terrorists. Note that it was unanimous — even the liberal wing (Clinton appointees Ginsburg, formerly of the ACLU, who wrote the opinion, and Breyer, plus Republican liberal appointees Souter and Stevens) agreed with the righties (Roberts, Scalia, Alito and Thomas) and swing-vote Kennedy on this one.
It does not say that they will frisk EVERYONE only when they have need. That will most likely have to do with fear of a weapon. If you object you can always mention Tznius issues.
I watched oral arguments for this case on December 15th. I thought both sides argued well and the justices did not show unanimous opinions. I guess the majority did a good job of swaying to get a unanimous decision.
The pat-down is allowed if the police “harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public,”
Was there any further elaboration on that?
The Court is correct Traffic Stops are dangerous for police but constitutes when the police “harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public,”
Justice Ginsburg’s observation is vauge that she is inviting a spate of litigation on what reasonable suspicion means. Further what stops the police from believing every Black/Arab/Jew or other Driver they don’t like is suspicious.
The Court did make the right call but should offer more guidance as to what its intention is.
My father ob’m said over 40 years ago that the pendulem will swing between democracy and communism. Right now one is more free in Russia, free from the old police state tactics; in fact it is lawless in Moscow; while in thje USA we are the mosed policed country in the world. In NY city alone, more than 30 official police agencies operate who have the right to carry arms and arrest you. There are more people in USA prisons per capita then any other country in the world. HA HA and we live in a free country. In the USA one an be jailed for the most absurd violation of laws that do not exist on the books of any other country. The length of sentences for none violent financial crimes is plain horedous.
if i get frisked i have nothing to worry about i have no drugs or weapons they can frisk and search all they want what’s the problem i have nothing to hide.
Tovarisch, please exit the vehicle…what are these strange black boxes? You need to come with us downtown to straighten this out. V’chayotze buhem…