Do I understand this correctly??? 4th Amendment

[bj426]

I was just informed that the high courts just essentially deleted the fourth amendment??? it was on yahoo news i guess... I'm going to see if I can find a link.

 

[thumbtack]

In the state of Texas, if you are arrested for anything (including traffic violation) you and your car can be searched.

 

[bj426]

naw... this guy says that the supreme court has interpreted the 4th amendment to allow arrest/search/seisure for suspicion or any reason at all in a case.... still looking for the url... I hope he's pulling my leg... but it doesn't sound like it

 

[MikeK]

It may be the seat belt ruling that he's referring to. Try this thread in the Legal and Political forum.


http://www.thefiringline.com/forums/showthread.php?threadid=64773

 

[bj426]

think I found it...

http://dailynews.yahoo.com/fc/US/Police_and_Law_Enforcement/

 

[DeputyVaughn]

Are you talking about search incident to arrest? If so probable cause has to already exist.

Scott A. Vaughn

 

[DeputyVaughn]

With reference to arrest for misdemeanor traffic violations, if a person refuses to sign the ticket they must be taken too jail. The stop is an arrest, the ticket is a recognizance bond. Refusing to sign the ticket is the same as refusing to bail out of jail.

Scott A. Vaughn

 

[bj426]

just had a very lengthy discussion.... he feels quite strongly that he is correct... I find no evidence of this as there couldn't possibly have been anything done seeing as how the case has been dismissed before ever being heard.... I believe that this topic has been discussed at length.... no cause for alarm... thank you all for your help... you certainly "armed" me with some knowledge I didn't have prior to this....

for the afformentioned reason.... moderator, Please DELETE