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Just had a thought regarding warentless searches of cars...
The automobile search doctrine allows cars to be searched without a warrant so long as there is probable cause and the car is "readily mobile". So if a cop says he is going to search your car, or you think he is about to, and you have something illegal, just slash your tires. Now it is no longer readily mobile and any warentless search would be illegal.
Half a joke. In practice I obviously dont expect anyone to do it. Though technically according to the current writing of the law it should work. So I was thinking more a scenario where you had your car booby trapped and you could flip a switch to disable it. In my head the best way would be to fry some easy to replace computer chip that would prevent the doors from unlocking, you flip a switch and when you open the door to get out the doors lock and the chip frys so when you close the door you cant get back in without noticing clearly it was disabled. Then they wills earch anyway and in court you can argue that since the car wasnt mobile they needed a search warrant and as such the search was illegal.
If your running massive drugs or something it **might** work, though the courts might convict you anyway and just modify the law to say that since it was mobile when pulled over its still valid, even though that isnt what hte law explicitly says.
@freemo If you're doing something actually harmful to others, like smuggling hard drugs, the Soros prosecutor will let you off anyway.
@AncientGood Oh shit I just learned the supreme court (specifically the PA jurisdiction) they can no longer search your car off of just probable cause.. the automobile doctrine was over turned. So now your car has the same protection as your home (almost), in other words they need exigent circumstances to search NOT just probable cause. Otherwise they can get a search warrant.
@896c3ee86294d9f9c09ee357334aef4be4f7828508aa9810d6938d3ce054cc31
Not sure how, you arent destroying evidence or preventing the cop physically from searching, nor are you even violating any directives. You've just made the situation such that if he wants to search it will be illegal.
That would be like saying not giving a police officer permission to search my house by closing my shades is obstruction of justice.
Tho US laws are not my thing let me know if you find some concrete amswer.
@896c3ee86294d9f9c09ee357334aef4be4f7828508aa9810d6938d3ce054cc31
Im not sure if the car would be considered evidence, but even if it was by slashing the tires you in no way destroyed the evidence or made it any harder for the evidence to be used in a court of law. So i cant imagine that angle working.
As for more probable cause, sure, but if your vehicle is immobile no amount of probable cause will allow a search. Once it is immobile you need a warrant regardless of how strong your probable cause maybe.
> The premise is also wrong i suppose i need to look more. But i think the focus of the vehicle search doctrine focuses on the vehicles as class of readily mobile locomotive.
Even simply locking your drugs in a safe in the trunk is enough to require a warrant actually, the premise is intentionally absurd as a joke, using a large safe would get the job done with less theatrics.
> It can be argued that no matter what you do to a car, a car is redily mobile as long as someone can fix it.
Im not sure specifically where the threshold for immobility is. But I know I've read a case (cant remember the name) where a warrant was needed because the car was on cinder blocks and didnt currently have tires on it.
Also all of this is moot because in 2020 the supreme court (PA in this case but it may be upheld in higher courts) dictated all vehicle searches now need warrants regardless of mobility.
@896c3ee86294d9f9c09ee357334aef4be4f7828508aa9810d6938d3ce054cc31
Yup, nice chatting. I followed you back. See ya around.
@freemo
Good joke. How do you imagine getting a knife out, then get out of car, get far enough to slash your tire when cops are afraid of you to death (usually yours) and ready to shoot you if you blink wrongly?