Will Grigg?s Liberty Minute

February 15, 2012

Christopher Randle and a female friend were in a parked car with the engine running when a police officer tapped on the driver?s side window. When Randle opened the door, the officer spied two open beer cans between the passenger and driver?s seats. Randle was arrested for felony DUI.

Randle appealed, correctly observing that the officer had no probable cause to search the vehicle. The trial court ruled that the search was consensual, and thus not a violation of the Fourth Amendment. That ruling was upheld on February 6 by the Idaho Court of Appeals.

"By approaching Randle's vehicle in the parking lot and tapping on the window, the officer did not restrict Randle's liberty to ignore the officer's presence and go about his business," wrote Judge John Melanson.

Randle?s counsel pointed out that this ?could have provoked the officer to take aggressive actions,? thereby forcing Randle ?to engage in some form of combat with the officer to protect his privacy interests.? This would have meant, at best, additional criminal charges ? or, at worst, being killed. The Court of Appeals simply ignored those concerns, just as it assumes that police are free to ignore constitutional limits.

Let us take back the liberty wherewith Christ has made us free.