RE: Pardon The Disruption - Chapter One
Awesome chapter that was very informative. But it did bring up a question I have about search and seizure. In the situation of a small traffic violation, like for instance a illegal right turn or something simple as an out taillight, can there be a legal reason that a traffic stop can lead to a search of the interior of a vehicle without a warrant? Is that what the "probable cause" umbrella is used for, suspecting something illegal in addition to the violation that merited pulling someone over for? Also that last part about the supreme court passing law that one cannot patent genomes was definitely news to me, I knew that there were restrictions in place in terms of research in the US but did not know that the Supreme Court actively got involved in laws for the human genome. This also makes me want to research why it is that the US does not support stem cell research and treatments. Im assuming there is a legal issue with that as well. Great read. Very stimulating indeed. Thanks for sharing. Resteeming!
Ok, one at a time. First, traffic stops. A busted taillight allows for a traffic stop. It does not allow for a search. When the officer approaches the car (which he lawfully does in order to write the ticket) if he sees or smells something that gives him probable cause to believe an additional crime is being committed, then he can search, based on ascending probable cause. It is called the "plain view doctrine." If an officer is in a place lawfully and then sees or smells something suspicious, he can continue to investigate. The taillight infraction alone does not give the right to search. Next, the Supreme Court interprets the law. They do not pass laws but they interpret the laws passed by Congress. They ruled the human genome does not qualify as something innovative that can be patented because it exists naturally. And finally, we get to stem cell research. It is heavily funded in the US, presently, and many labs are moving full speed ahead. There was a legal issue when George Bush was president and he issued a ban on Embryonic Stem Cell research. That created what scientists referred to as the Stem Cell Winter. It lasted until February of 2009 when Barrack Obama became president and rescinded the ban. I hesitate to bring up politics because they are so divisive and obnoxious. I made an exception this one time because that is what actually happened. Once the ban was lifted thing went back to normal.
Thank you for the clarification. I know I had several questions but thank you for taking the time to answer them all.