Attention: TDR Forum Junkies 
Guess this keeps me from gold anodizing my aluminum rims, and putting flashy spinners on
!!!!
The Supreme Court seems to be spending a lot of time considering vehicle searches these days!!!
"High Court Considers Rules for Car Search
Associated Press/AP Online
WASHINGTON - The Supreme Court on Wednesday debated how much freedom law officers should have in searching vacant cars.
Police are allowed to search a car when arresting someone in the vehicle for suspected wrongdoing, without getting a warrant, under a 23-year-old Supreme Court ruling.
Now justices are confronted with a different situation: What are officers to do when the suspicious person is outside the car, maybe a block away or in a gas station restroom.
The court is considering the 2001 search of a Virginia man's gold Lincoln Town Car. He had been driving in Norfolk, Va. , when an officer noticed his flashy car and ordered a computer check that found the tag was issued for a Chevrolet. Before the officer could stop Marcus Thornton to give him a ticket, Thornton stopped in a shopping center parking lot and got out.
A Bush administration lawyer said that scenario plays out every day. People being followed by police pull over, and either run or distance themselves from a vehicle that might have hidden drugs or weapons.
"This is an extremely dangerous encounter for police," government lawyer Gregory Garre said.
He said officers rarely arrest people as they sit in their vehicles and need flexible rules to be able to safely make arrests and conduct searches.
In the Virginia case, the officer found drugs in the man's pocket after confronting him in the parking lot. The lawman then searched the car and discovered a gun under the seat.
Thornton's lawyer argued that the car search violated his constitutional right against unreasonable searches. He lost in an appeals court.
Under the government's reasoning, federal public defender Frank Dunham Jr. told justices, police could search "every place on God's green Earth. " Thornton was a pedestrian, not a car occupant, he said.
Justices seemed conflicted over where to draw the line.
"Sometimes efforts to make matters clearer make them worse," said Justice Stephen Breyer.
Breyer asked if searches should be allowed if someone was emerging from their car or had done so in the past few seconds.
What about minutes? asked Justice John Paul Stevens.
Justice David H. Souter questioned whether distance should matter. Could the person be a block away or only just a few feet from their car?
Justice Ruth Bader Ginsburg asked if the driver had to know he was being pursued by an officer.
Garre said in this situation, the officer's instincts were right. Thornton was a convicted felon who had contraband.
Souter seemed more worried about searches involving innocent people.
"Most people who get out of cars are not convicted felons carrying drugs," he said.
The case is Thornton v. United States, 03-5165. "
!!!!The Supreme Court seems to be spending a lot of time considering vehicle searches these days!!!
"High Court Considers Rules for Car Search
Associated Press/AP Online
WASHINGTON - The Supreme Court on Wednesday debated how much freedom law officers should have in searching vacant cars.
Police are allowed to search a car when arresting someone in the vehicle for suspected wrongdoing, without getting a warrant, under a 23-year-old Supreme Court ruling.
Now justices are confronted with a different situation: What are officers to do when the suspicious person is outside the car, maybe a block away or in a gas station restroom.
The court is considering the 2001 search of a Virginia man's gold Lincoln Town Car. He had been driving in Norfolk, Va. , when an officer noticed his flashy car and ordered a computer check that found the tag was issued for a Chevrolet. Before the officer could stop Marcus Thornton to give him a ticket, Thornton stopped in a shopping center parking lot and got out.
A Bush administration lawyer said that scenario plays out every day. People being followed by police pull over, and either run or distance themselves from a vehicle that might have hidden drugs or weapons.
"This is an extremely dangerous encounter for police," government lawyer Gregory Garre said.
He said officers rarely arrest people as they sit in their vehicles and need flexible rules to be able to safely make arrests and conduct searches.
In the Virginia case, the officer found drugs in the man's pocket after confronting him in the parking lot. The lawman then searched the car and discovered a gun under the seat.
Thornton's lawyer argued that the car search violated his constitutional right against unreasonable searches. He lost in an appeals court.
Under the government's reasoning, federal public defender Frank Dunham Jr. told justices, police could search "every place on God's green Earth. " Thornton was a pedestrian, not a car occupant, he said.
Justices seemed conflicted over where to draw the line.
"Sometimes efforts to make matters clearer make them worse," said Justice Stephen Breyer.
Breyer asked if searches should be allowed if someone was emerging from their car or had done so in the past few seconds.
What about minutes? asked Justice John Paul Stevens.
Justice David H. Souter questioned whether distance should matter. Could the person be a block away or only just a few feet from their car?
Justice Ruth Bader Ginsburg asked if the driver had to know he was being pursued by an officer.
Garre said in this situation, the officer's instincts were right. Thornton was a convicted felon who had contraband.
Souter seemed more worried about searches involving innocent people.
"Most people who get out of cars are not convicted felons carrying drugs," he said.
The case is Thornton v. United States, 03-5165. "
