International drug war COURT DECISIONS.

The GCW · Cannabis Sacrament Minister Joined: 19 Nov 2003 Posts: 430

"Court supports police in drug arrests"

Pubdate: December 16, 2003
Source: Daily Camera (CO)

http://www.thedailycamera.com/bdc/nation_world_news/article/0,1713,BDC_2420_2508846,00.html (coming soon to MAP)

If drugs found in car, all occupants can be arrested

By Gina Holland, Associated Press
December 16, 2003

WASHINGTON — The Supreme Court issued a traffic warning Monday: Beware of whom you ride with. If drugs are found in a vehicle, all occupants can be arrested, the justices said in a unanimous decision.

It was a victory for Maryland and 20 other states that argued police frequently find drugs in traffic stops but no one in the vehicle claims them. The court gave officers the go-ahead to arrest everyone.

In a small space like a car, an officer could reasonably infer "a common enterprise" among a driver and passengers, the justices ruled.

The case stemmed from an incident in 1999, when police in the Baltimore suburbs pulled over a speeding car. A search revealed a roll of cash in the glove compartment and cocaine in an armrest in the back seat.

The driver and the two passengers denied having anything to do with the contraband, so all three men were arrested.

Chief Justice William H. Rehnquist, writing for the court, said police had probable cause to suspect that the drugs belonged to any of the three, or all of them.

Lisa Kemler, a criminal defense attorney from Alexandria, Va., said the court seems to be saying: "know who your company is."

"How many times have you gotten a ride with a friend? Are you going to peer around in their glove compartment?" asked Kemler, who fears the ruling will lead to a police dragnet. "You could find probable cause to arrest everybody."

Michael Rushford, president of the Criminal Justice Legal Foundation, a pro-law enforcement group, said police can't be expected to sort out ownership of drugs or guns in the middle of a traffic stop.

"You certainly wouldn't let three people with Uzis in their car leave because no one would admit the uzis were theirs," he said.

Maryland's highest court had thrown out the conviction of a passenger in the car, Joseph Jermaine Pringle, on grounds that his arrest violated the Constitution's Fourth Amendment ban on unreasonable searches or seizures. The Supreme Court reversed that decision.

"Pringle's attempt to characterize this case as a guilt-by-association case is unavailing," Rehnquist wrote in the brief decision.

Pringle told police later that the drugs were his and that he had planned to swap them for sex or money at a party. His 10-year prison sentence will be reinstated.

The American Civil Liberties Union and National Association of Criminal Defense Lawyers filed a brief supporting Pringle. Their attorney said the ruling will sweep innocent passengers into criminal cases.

"There's nothing in this opinion to prevent a police officer from arresting a graduate student who is offered a ride home late at night from a party that she has attended with some fellow students," said Tracey Maclin, a Boston University law professor.

The court's rationale could be used in other police search cases, involving homes, Maclin said.

The ruling dealt with the discovery of drugs and cash, but it could apply to other contraband as well.

Supporting Maryland in the case were the Bush administration, along with Alabama, Alaska, Connecticut, Delaware, Hawaii, Illinois, Louisiana, Michigan, Missouri, Montana, Nevada, New Mexico, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia and Puerto Rico.

The case is Maryland v. Pringle, 02-809.

Rev. Chazman · Posted: Wed Dec 17, 2003 5:24 am Post subject:

Geez, ok im about to give up....

Peace
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Lilli · Posted: Wed Dec 17, 2003 6:19 am Post subject: Oh No

That can not be constitutionaly right. How do these morons keep adding and taking away from our original bill of rights? Argh
~Lilli~
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**Ferre** · Posted: Wed Dec 17, 2003 4:04 pm Post subject:

If there's any protest against this....support the protest!
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The GCW · Cannabis Sacrament Minister Joined: 19 Nov 2003 Posts: 430

Not a court decission but news none the less.

Did Bush Drop Out of National Guard to Avoid DT?

(DT = drug testing)

http://cannabisnews.com/news/thread18305.shtml