Wednesday, October 28, 2009

3 blogs in 3 days? Part Two

The case of Virginia v. Harris: Joseph A. Moses Harris Jr. was pulled over by a Richmond police officer after an anonymous tip was given that he was driving while drunk.  He apparently reeked of booze and failed the sobriety test, so he was convicted, but the VA Supreme Court overturned his conviction. Why? Because the police officer did not SEE Harris driving dangerously, but pulled him over based off of an anonymous tip. The court said that the officer had violated Harris' Fourth Amendment right (protection against unreasonable search and seizure). However, Chief Justice John G. Roberts Jr. is not happy with the ruling. He believes it will give any intoxicated driver "one free swerve" and that "it will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check."

No comments:

Post a Comment