Quote:
Originally Posted by 636blurr
I think you smoked to many joints in law school.
Its very clear that it limits the power of the police, PAPERS are forms of Identification, what is so fucking hard for people to understand about that?
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Clearly you haven't been to law school nor worked for law enforcement.
The driver's license is property of the state, not the individual. Thus it is not one of their personal papers which is protected from unreasonable searches and seizures. What is so hard for you to understand about that?
Secondly, it is not a search. The officer is asking for the license, registration, and proof of insurance. He is not searching through your papers for them. Asking, or even telling someone, to provide you with specific documents is not a search. What is so hard for you to understand about that?
Delaware v. Prouse did result in the court finding that the "random" stop of individual vehicles violates the fourth amendment, but this is because it involves the unconstrained exercise of discretion. Traffic stops, where all traffic or truly random traffic, is checked have been found to be constitutional.