Boston cops opened a can of worms with this one

[PepperElf]

Cops can of course search your house, car, whatever with a warrant.

Without a warrant it requires a case of "Reasonable suspicion" or "probable cause"

http://www.fletc.gov/training/progra...rroll.pdf/view

Instead, the Supreme Court has found probable cause to exist “where the known facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found.”

A wallet on the seat may be tempting but it is NOT contraband, nor proof that evidence of a crime will be found.


The article then states that a vehicle search is not unreasonable "If based on fact that would justify the issuance of a warrant"



THAT right there is what they didn't have. They had no probable cause to enter the vehicles.

They weren't just walking about and saying, "OMG there's a bloody glove in the front seat, check it out."

They went out for the purpose of searching cars, fully INTENDING to search and open every car they could, before they even got to the area.

[Flyinghi]

I really don't have a problem with this at all. Some people need to be shown what "could happen" if the routinely leave their cars unlocked with valuables in plain sight. Thats how they'll learn.

To me, this is no different then organizing a crime prevention program or an anti-drug seminar in the local schools.

As for the 4th amendment situation - I can see where it would be a little too close for comfort for some people but really as long as nothing was damaged or stolen and as long as the police didn't look around for anything that wasn't in plain sight I don't see how they did anything wrong.

[insertNameHere]

Define locked for me because apparently on ford rangers it is extremely easy and known that you can take an antenna and open the door in a matter of seconds.

http://www.youtube.com/watch?v=_zDhois8Io8

So, what if someone uses this trick to pop my door and steal everything I had locked. I have also heard from classmates and friends that used to live in shady areas that their insurance agents recommended NOT locking their doors because it was cheaper to replace a factory stereo that gets stolen than the stereo and broken window. Or worse they break your window to see if you had anything worth protecting.

[PepperElf]

I really don't have a problem with this at all. Some people need to be shown what "could happen" if the routinely leave their cars unlocked with valuables in plain sight. Thats how they'll learn.

To me, this is no different then organizing a crime prevention program or an anti-drug seminar in the local schools.

As for the 4th amendment situation - I can see where it would be a little too close for comfort for some people but really as long as nothing was damaged or stolen and as long as the police didn't look around for anything that wasn't in plain sight I don't see how they did anything wrong.

So as long as they don't damage or steal they're free to go into your car if they claim it's for your own good?

seriously?

this IS an invasion of privacy. even if you don't mind it... they had no right to do this.

"teaching people a lesson" = / = authorization to open cars without a warrant or probable cause

[FArchivist]

As for the 4th amendment situation - I can see where it would be a little too close for comfort for some people but really as long as nothing was damaged or stolen and as long as the police didn't look around for anything that wasn't in plain sight I don't see how they did anything wrong.

So, would you be OK if police walked into your house at random to leave notes on things that they think might be better secured?

Because in law, that's how things work. If it's OK in this one situation, then there's no reason why it shouldn't be OK in this similar situation. And to the law, your car is no different from your house, your office, your storage unit.

I have a distinct problem with ANYONE searching through my domicile/real estate/conveyance without a warrant or without specific permission.

[Shangri-laschild]

While in theory the intention may have been good, this is definitely one of those things where they opened themselves up for a lot of trouble. Yes it can get old having to take reports for someone leaving their stuff out in the open (visible from window) and unsecured, this not only probably ends up being the same amount of work but has so many risks for bad results.