Tuesday, January 27, 2009

More Power for Police

  • In opinions so spare that the Supreme Court did not labor long to produce them, the Justices on Monday unanimously expanded the control that police can exercise at the scene of roadside traffic stops, and, again without dissent, pushed up the chain-of-command in prosecutors’ offices total immunity to liability for decisions made in preparing criminal cases for trial. The first ruling was an enlargement of “stop and frisk” authority, the second was a reinterpretation of when prosecutors’ supervisors do administrative tasks.

  • With fewer than four full pages of analysis in a nine-page opinion, the Court decided that police may order a passenger out of a stopped vehicle, and then conduct a “pat-down search” (a frisk) if they have reason to believe that the rider may be armed and dangerous. (In this particular, it was assumed that the officer involved had such a reason, but that could be tested when the case returns to Arizona state courts.)

So good news.

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21 Comments:

Anonymous SRT said...

When i seen the post heading, "more power for police" I thought old school club beat downs where allowed again.*Sigh*

1/27/2009 12:12:00 AM  
Anonymous Anonymous said...

Ok, but now what if the passenger refuses to get out of the car. He doesn't fight or anything, but just refuses to move. Most cpd would probablly drag him out, right? But then what charge would you use. I'm guessing probablly disobeying a lawful order? Just the working police wanting to know how to do things the correct and lawful way. Can't afford to get sued anymore.
(I guess same goes for the situation if the driver refuses to exit the car. What are we supposed to lawfully do, according to our general orders?) Also, anyone encounter this problem before. Luckily i haven't cause i think i would lose it if someone refused to get out for me.

1/27/2009 12:24:00 AM  
Anonymous Anonymous said...

in this day and age, your crazy if you don't get each and every person out of the car and pat them down. probable cause and reasonble suspicion can be concluded and obtained pretty much on every stop. Watch those hands officers. thats whats will hurt you. read the body language and by all means, any furtive movements anywhere in the car, everybody is getting their ass out and being detained. I dont know about you, but Im going home to my family everynight. If a citizen (driver or psg) isnt on any bullshit, then they should have no problem whatsoever stepping out of the car and in some cases being given a quick pat down.

1/27/2009 12:32:00 AM  
Anonymous Anonymous said...

This must have been passed during the Republican regime.

1/27/2009 01:32:00 AM  
Anonymous westside, inside do-nothing said...

It's just too bad that this ruling came at a time when (hopefully) most of the coppers with half-a-brain in their head have ceased any and all proactive work.

1/27/2009 02:03:00 AM  
Anonymous Anonymous said...

Fuck giving prosecuters more protection. These fuckers need to be more accountable. Remember Mette and Duke Lacross players and then they wont give you charges on a solid arrest fuck lawyers. The high court is propably expanding this power so the new Mesiah can attack our rights.

1/27/2009 04:49:00 AM  
Anonymous Anonymous said...

Couldn't you guys always do that? I mean, getting someone out of their car to check for weaponry if you have probable cause is a no-brainer. Searching their car without consent is another thing in entirety.

I'm all for helping you guys out, but when rulings like this come out, I fear they'll be used against citizens otherwise minding their own business, as an intimidation tool. Please use your discretion.

1/27/2009 05:30:00 AM  
Anonymous Anonymous said...

Great news...

...if you plan on doing any traffic stops, which I don't. F*ck you, pay me!

1/27/2009 07:04:00 AM  
Anonymous Anonymous said...

This must have been passed during the Republican regime.

1/27/2009 01:32:00 AM


What an idiot. It was passed by the Supreme Court, none of whom were appointed by your messiah boy.

1/27/2009 08:13:00 AM  
Anonymous Anonymous said...

Oh no, not here in Chicago. They will have new orders out on this.

1/27/2009 09:31:00 AM  
Anonymous Anonymous said...

We have these new stop missions in 012 where you stand by a stop sign and are told to leave citizens alone but fuck with the gangbangers . Huh are you telling me to profile ? Go fuck yourself, as soon as someone beefs you know they will threw you under the bus .

1/27/2009 10:48:00 AM  
Anonymous Anonymous said...

So if the backseat passenger has a gun, and knows he will be caught in a pat down, that only gives him one option...

Shoot the cop, and run.

1/27/2009 10:48:00 AM  
Anonymous Anonymous said...

The police have had this power--ordering the driver out, and patting down, based on reasonable suspicion--since 1977.

1/27/2009 01:09:00 PM  
Anonymous Anonymous said...

Ok, but now what if the passenger refuses to get out of the car.

came across this, had my sgt on scene and everything quickly resolved with reasonable force

1/27/2009 03:40:00 PM  
Anonymous Anonymous said...

I think this is great and more power should be given to unit 121/IAD and the feds. One more step toward a socialist police state. We have always had criminals and always will, I fear this goverment becoming more oppressive everyday. Should we cheer red light cameras too. SCC I love you, you are a voice of freedom but I respectfully disagree that this is good news.

1/27/2009 03:50:00 PM  
Anonymous Anonymous said...

this is a horrible ruling. its just going to make the divide between police and law abiding citizens worse. that cannot be good long term.

1/27/2009 04:01:00 PM  
Anonymous Anonymous said...

This is great news, BUT ONLY IF USED SENSIBLY.

Don't start always ordering everyone out of a car and patting 'em down. Be able to say why you're doing it, guys.

1/27/2009 05:01:00 PM  
Anonymous Anonymous said...

OT:
www.courant.com/news/politics/hc-cofield0127.artjan27,0,2287060.story

Imagine if it was a white copper and no video.

1/27/2009 05:20:00 PM  
Anonymous Anonymous said...

You mean we weren't supposed to be doing this already????

Whoops.....MY BAD!

1/27/2009 11:21:00 PM  
Anonymous Anonymous said...

That would be nice if I actually cared to do anything anymore :(

1/28/2009 05:44:00 PM  
Anonymous Anonymous said...

1/28/2009 05:44:00 PM

My exact sentiments!

1/29/2009 01:18:00 AM  

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