In many ways, riding in a car is so much worse for you than, say, walking or riding a bike. When I drive, I know I’m not exercising; I can almost feel my muscles convert to fat. Driving burns gasoline, which is bad for the environment. Cars clog roads.
Other than the massive convenience and the ability to privately listen to bad radio, cars don’t have much to recommend them.
Cars are even worse when you realize that driving a car also diminishes your Fourth Amendment rights. If the police have probable cause to think you have some contraband, they normally need a warrant to go in your house. Not so for your car. Because cars can move, the courts don’t require a warrant to search a vehicle – mere probable cause is enough.
It was an ordinary Tuesday night. Lannerick Johnson was at home with his ex-wife, Karen. Their kids were home too. Lannerick and Karen had been through hard times before, but he’d partly moved back in – he was sleeping there frequently and had left some things in the room they shared.
Perhaps they were watching Tim Russert moderate a debate between Barack Obama, Hillary Clinton, Joe Biden, and John Edwards on NBC. Karen’s mom and grandmother were home too; they all lived in the house, which was owned by Karen’s mom.
Then the police came knocking.
The Fourth Circuit has – for the second time in the past few weeks – given meaning to the Fourth Amendment’s prohibition against unreasonable searches and seizures.
In United States v. Massenburg, Judge Andre Davis rejected a government claim that a police officer had reasonable articulable suspicion to search a citizen. This is fresh on the heels of the Fourth Circuit’s holding that wanting to avoid wrinkled shirts is not an indicicator of criminality.
In Massenburg, the police were in a neighborhood where shots had been fired. A group of four young African-American men were walking by two police officers. The officers asked if they could speak with the men. The men stopped and answered a few questions. One of the men, Mr. Massenburg, stood a few feet away from the others. A police officer asked one of the men for his identification. The man complied. A police officer asked if he could pat the men down. Three said that he could.