Results 1 to 2 of 2
  1. #1
    News Master TY RSS News's Avatar

    Join Date
    Nov 2013
    Posts
    1,007
    Thumbs Up/Down
    Received: 37/0
    Given: 0/0
    Rep Power
    9

    0 Not allowed! Not allowed!

    Default Michigan: State Supreme Court Rules Police Search Of Passengerís Personal Property Is Unconstitutional

    The warrantless search of a passenger’s personal property during a traffic stop is unconstitutional, according to a ruling by the Michigan Supreme Court. The judgement overturns a 2007 decision that barred passengers from challenging similar searches by members of law enforcement.
    Justices unanimously opined that the driver’s voluntary consent to allow the police to search her vehicle did not extend to the passenger’s personal belongings. They determined: “In this case, defendant had a legitimate expectation of privacy in his backpack. Defendant asserted a clear possessory interest in his backpack by clutching it in his lap, and the officer believed that the backpack belonged to defendant because of the way defendant was holding it. Therefore, although defendant had no (and claimed no) legitimate expectation of privacy in the interior of the driver’s vehicle, he had a legitimate expectation of privacy in his backpack that society is willing to recognize as reasonable.”
    Justices concluded, “A passenger’s personal property is not subsumed by the vehicle that carries it for Fourth Amendment purposes.”
    The defendant’s backpack held marijuana and methamphetamine. He had already served nearly three years in prison for the offenses prior to this week’s verdict.
    The case is People v. Mead. A summary of the opinion is online here.


    Original Article

  2. #2
    Vegetative Member

    Join Date
    May 2005
    Posts
    728
    Thumbs Up/Down
    Received: 15/0
    Given: 2/0
    Rep Power
    17

    0 Not allowed! Not allowed!

    Default

    A great precedent set in this case. Individuals right to privacy has been picked away to the point of having virtually none.
    Now I do not condone Meth, but the same expectation is there criminal or not!

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •