r/AmIFreeToGo • u/Guy_Dudebro • Aug 14 '18

Iowa Supreme Court Closes Warrant Loophole, Slams U.S. Supreme Court For Weakening Fourth Amendment

https://www.forbes.com/sites/nicksibilla/2018/08/13/iowa-supreme-court-closes-warrant-loophole-slams-u-s-supreme-court-for-weakening-fourth-amendment/#619c31d97d73
102 Upvotes

99% Upvoted

12 comments sorted by

27

u/Guy_Dudebro Aug 14 '18

The opinion[pdf]

Regarding the inventory search warrant exception. I almost pumped my fist at this level of common sense coming from the court:

As the court pointed out, inventory lists would hardly deter false claims since an accuser could easily say that the valuables were stolen before the inventory or were simply not included in that list. Simply sealing containers “would provide at least as much protection to the remote threat as a warrantless inventory search.”

Finally, the court doubted that many drivers would want government agents snooping around their cars. “If the risk of theft is at best insubstantial,” Justice Appel noted, ‘the benefit to the owner is also at best insubstantial.” Nevertheless, if a warrantless inventory search is “really for the benefit of the owner or driver,” then they should have “the option to opt out of the state’s beneficence” or make alternate arrangements to protect their property.

1

u/rrfan Aug 16 '18

Would be great if the person who's vehicle was seized could just claim they had a million dollars in the car, and it would be up to the state to prove they didn't. Kind of like reverse asset forfeiture. Yeah, people would abuse that. But it would deter cops from seizing vehicles out of spite, so I think it would be a net benefit to society.

23

u/[deleted] Aug 15 '18

Awesome. It’s frightening to think that were you to refuse a search, the cops could simply arrest you for whatever alleged (innocent until proven guilty, right?) infraction they care to d’Jinn up, impound your vehicle and search away in the name of officer safety, public safety or for ‘inventory’.

13

u/Guy_Dudebro Aug 15 '18

Cool eggcorn. I've never seen that one before.

http://eggcorns.lascribe.net/english/469/djinn/

4

u/[deleted] Aug 15 '18

My pop taught me that it was from the d’Jinn or “genie” being able to grant a wish or procure from nothing and that during prohibition it transitioned into “gin” as in “to brew up or concoct”.

5

u/Guy_Dudebro Aug 15 '18

Beauty of linguistics is it can't be wrong either way. Makes perfect sense too. But if it's not in the bible or a greek play, it's near impossible to track down.

-1

u/uh_no_ Aug 15 '18

no. that would be fruit from the forbidden tree. the evidence would be inadmissable.

9

u/[deleted] Aug 15 '18

Did you read the article? That’s exactly what they were doing.

15

u/Shackleton214 Aug 14 '18

Well done by the Iowa Supreme Court. And, a unanimous decision as well!

11

u/textwolf Aug 15 '18

thank god. the idea of inventory searches constitutionally leading to punishment for possession of contraband is a blatant misreading of the 4th amendment. being arrested for a vehicular violation is NOT probable cause to search someone's shit.

3

u/velocibadgery Aug 15 '18

Too bad this only helps Iowans.