February 28, 2020
In Missouri the state police can stop a driver pretty much anywhere and at any time without cause. They justify this by a legal loophole that allows "closely regulated industries" to be inspected by the police; they simply expanded the meaning of the term to include all trucks (including pickups) and most cars. A federal court has agreed with Missouri on this, too.
What is the point of having a fourth amendment? If unreasonable searches and seizures are banned, what does that mean? Does it only apply to a physical structure, a single family home? If it applies to a building why not a car? A car is basically a small moving building. By what right is that exempted from the amendment?
At any rate, I'm not the only person to think that, and the Supreme Court was considering taking the case.
From the Freedom Center of Missouri:
How do police know a car is used to carry "merchandise". And what exactly is merchandise anyway? A trip to the grocery store would constitute carrying merchandise.
Well, SCOTUS turned this case down, so the ruling by the 8th Circuit stands. So apparently it the fourth amendment does not apply in any material way to vehicles in any capacity.
If you aren't secure in a vehicle you aren't secure on foot. It's a small step. And from there they can whittle down your protections inside of buildings, starting with commercial buildings then moving to rental multi-family rental properties, then finally to single family homes. It's a slippery slope.
If the Supreme Court turned this down, what did they take? This is a clear case for clarification. But then, this Court isn't as conservative as everybody likes to claim.
Posted by: Dana Mathewson at February 28, 2020 11:59 AM (rIYC+)
Posted by: Timothy Birdnow at February 29, 2020 07:46 AM (3b4hw)
Posted by: Samy Mor at February 03, 2021 08:02 AM (e407W)
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