Traffic Stop - Controversy in The United States

Controversy in The United States

In the United States, traffic stops have been criticized for their use in police dragnets to check compliance with laws such as those requiring the use of seat belts or those forbidding the possession of narcotics.

Some people have objected that the tactic violates the United States Constitution; the Fourth Amendment to the Constitution, part of the Bill of Rights, contains a provision against unreasonable search and seizure. Typically police must either have probable cause for a search or get a warrant from a judge specifying a particular individual by name or get a "John Doe warrant" with a specific description.

In Delaware v. Prouse, 440 U.S. 648 (1979), the United States Supreme Court ruled that the police stopping vehicles for no reason other than to check the drivers' licenses and registrations was unconstitutional.

In New York v. Belton, 453 U.S. 454 (1981), the United States Supreme court ruled that when a police officer has made a lawful arrest of a driver, he may search the passenger area of the vehicle without obtaining a warrant.

In Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), the United States Supreme Court ruled that the use of sobriety checkpoints was constitutional.

In Illinois v. Caballes, 543 U.S. 405 (2005), the United States Supreme Court held that a dog sniff, conducted during a concededly lawful traffic stop that reveals no information other than the location of a substance that no individual has any right to possess, does not violate the Fourth Amendment.

In Arizona v. Gant, (2008), the United States Supreme Court ruled that an officer must demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to search a vehicle pursuant to an arrest, distinguishing New York v. Belton.

Read more about this topic:  Traffic Stop

Famous quotes containing the words united states, controversy in, controversy, united and/or states:

    Television is an excellent system when one has nothing to lose, as is the case with a nomadic and rootless country like the United States, but in Europe the affect of television is that of a bulldozer which reduces culture to the lowest possible denominator.
    Marc Fumaroli (b. 1932)

    And therefore, as when there is a controversy in an account, the parties must by their own accord, set up for right Reason, the Reason of some Arbitrator, or Judge, to whose sentence, they will both stand, or their controversy must either come to blows, or be undecided, for want of a right Reason constituted by Nature; so is it also in all debates of what kind soever.
    Thomas Hobbes (1579–1688)

    And therefore, as when there is a controversy in an account, the parties must by their own accord, set up for right Reason, the Reason of some Arbitrator, or Judge, to whose sentence, they will both stand, or their controversy must either come to blows, or be undecided, for want of a right Reason constituted by Nature; so is it also in all debates of what kind soever.
    Thomas Hobbes (1579–1688)

    The veto is a President’s Constitutional right, given to him by the drafters of the Constitution because they wanted it as a check against irresponsible Congressional action. The veto forces Congress to take another look at legislation that has been passed. I think this is a responsible tool for a president of the United States, and I have sought to use it responsibly.
    Gerald R. Ford (b. 1913)

    The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of laws, where there is no law, there is no freedom.
    John Locke (1632–1704)