The officers had tailed the car until coming up with a pretext for searching the men and the vehicle without a warrant. The police recovered marijuana and a stolen firearm. But the results do not justify unconstitutional means. Some critics of the 5-4 ruling protest that investigatory stops have been upheld at the federal level. But the state's privacy rights' provision, established in 1889, is broader than the federal Constitution's Fourth Amendment protection against warrantless searches and seizures.
Criminal searches require police to demonstrate probable cause.
But nothing in the decision precludes police from making stops for bona fide traffic violations. The ruling simply bolsters a century-old protection against governmental invasions of privacy and personal security based on thin hunches alone. We do not own nor are responsible for visitor comments. In accordance with Title 17 U.S.C. Section 107 and The Berne Convention on Literary and Artistic Works, Article 10, news clippings on this site are made available without profit for research and educational purposes. Any trademarks, trade names, service marks, or service names used on this site are the property of their respective owners.