March 20, 2007
Expanding the limits of Constitutional protections
People often think that the U.S. Supreme Court has the final say on limits to governmental intrusion into the lives of U.S. citizens.
For instance, in California, search and seizure laws -- defined in the U.S. Constitution's Fourth Amendment and interpreted in a series of cases decided by the high court -- allow police to search a car without a search warrant, if the driver has been arrested.
But lawyers and non-lawyers alike forget that the Supreme Court's rulings don't set a maximum, upper limit; rather, the justices provide a baseline, below which the states may not go, when it comes to the rights of their citizens.
Vermont recently provided an example of a ruling, courtesy of the state supreme court, drastically increasing the protections afforded it's residents -- or reducing police effectiveness, depending on your point of view.
Police need a warrant to search a vehicle even after they arrest an occupant except under extraordinary circumstances, the Vermont Supreme Court ruled Friday in a 3-2 decision notable for its acerbic language and its break with federal precedent.
The ruling, which represented a rare departure from frequent unanimity, said the state constitution provides Vermonters with greater protections from unreasonable searches and seizures than does the federal Bill of Rights.
Legal experts said the decision would force police to adopt new procedures and underscores the state's tradition of promoting the rights of individuals.
"The warrant requirement is robust, alive and well under the Vermont Constitution. It's gasping on life support under federal law," said Michael Mello, a professor at Vermont Law School in South Royalton. "It's a reaffirmation of Vermont -- we're special, we're different -- and the subtext is we're smarter and better than you, United States Supreme Court."
Read the whole thing for the details of the arrest and subsequent search, as well as the court's ruling.
Posted by Mike Lief at March 20, 2007 12:26 AM
| TrackBack