On Tue, 19 Jun 2007 10:15:02 -0700, jl wrote:

On Jun 19, 1:02 pm, "Maxwell" wrote:
It's a States Rights issue. Different States have different laws.

Forth ammendment of the US Constitution

The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.

I don't know about the Feds and their Patriot Act, but state and municiple
authorities cannot search your vehicle without probably cause. Agreed,
probable cause can be a slippery slope, but they do not have the right to
search every vehicle at their own will.

That probably should be the law but it is not. Reasonable suspicion
is enough to justify a vehicle search. It is a standard lower than
probable cause, and it is approved by the Supreme Court of the United
States.

And see USA vs. Flores-Montano, which justifies suspicionless
vehicular searches under certain circumstances.

I've spent the last little bit reading the arguments in that case.
Below is the Court's opinion.

"For the reasons stated, we conclude that the Government's authority
to conduct suspicionless inspections at the border includes the
authority to remove, disassemble, and reassemble a vehicle's fuel
tank. While it may be true that some searches of property are so
destructive as to require a different result, this was not one of
them. The judgment of the United States Court of Appeals for the Ninth
Circuit is therefore reversed, and the case is remanded for further
proceedings consistent with this opinion."

This case is very limited. It does not address inland searches. First,
it only applies at border inspections and specifically addresses
disassembly of a container. In this case, a gas tank.

cites: http://www.supremecourtus.gov/opinio...df/02-1794.pdf

http://www.supremecourtus.gov/oral_a...ts/02-1794.pdf

--Andy Asberry--
------Texas-----