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[ARCHIVE QUESTION]
The new ruling stops officer from "Searching Incident To Arrest." I used this tactic a lot to arrest hundreds of citizens for gun and drug crimes.
Before the ruling, an officer could search the auto if the driver was arrested. If I got a refusal to search from a driver, I would sometimes arrest them for the traffic violation (you can do that in Texas) and search their auto "incident to arrest."
The Supreme Court case involved a man who under arrest for another crime, handcuffed and in back of the patrol car. The officers "searched incident to arrest" and found cocaine.
The Supreme Court ruled there is no reason to search unless the officer felt unsafe and the officer could not feel unsafe if the driver was handcuffed.
This ruling took a huge weapon away from cops. It supports the new trend I'm seeing regarding the protection of our constitutional rights.
Woot! Woot! on that ruling.
