June 17, 2002

Now this is a decision I don't like.

Now this is a decision I don't like. The SCOTUS has ruled that the police can search your person and belongings without informing you of your rights first.

The justices, by a 6-3 vote, said a U.S. appeals court was wrong in ruling that a bus search should be considered unconstitutionally coercive unless the police first warn passengers they have the right to refuse to cooperate.

Justice Anthony Kennedy said for the court majority that the Constitution's Fourth Amendment does not require police officers to advise bus passengers of their right not to cooperate and to refuse consent to searches.

To me, this represents the true erosion of our constitutional rights, not some silly dust up over a graduation ceremony. The decision striles me as a bad one, although I have to admit I don't know anything more about the story than what is in this article. Why did the police focus on this bus, and on the two men? Was this a routine/random search, or was it specifically targetted at these two? If they had refused to co-operate, would that have been considered probable cause?

Posted by Rich at June 17, 2002 7:42 PM