The implications of this case are enormous for us in California. (What a stupid decision IMO) - http://www.courtinfo.ca.gov/opinions...ts/H031479.PDF

 

Well, to be fair, the air freshener in this case wasn't the probable cause for the search (and neither would a GPS or a radar detector). There was no need for probable cause, since the driver was a parolee, and as part of the conditions for his parole, he can pretty much be searched at any time.

I agree that an air freshener is a pretty thin reason for a traffic stop, but in this case, had it not been for the illegal drugs and lost (stolen?) credit card in the defendant's car, it wouldn't have gone beyond either a warning or a ticket.

 

I really do wish that this, "stuff hanging from mirror," was enforced more. I am sure that it is not a popular standpoint but sometimes people have TOO much crap hanging there.

 

Me too, unfortunately in IL it'll likely be enforced less, the law is still there but there is case law that now says the officer has to prove something hangin from the mirror is turely distracting or obstructing veiw. (Basically was a decent size drug arrest, cause for the stop was a necklace hanging from the mirror, then the guy gave cause for search got busted. IL courts ruled the necklace was not obstructing, no cause for the stop and the guy got off)

Edit: Considering how many MINI drivers remove their Mirrors in the twisties I dont see this being much and issue in the community unless you've got the confidentenal badge hanging from there (but then you blew the secret!)

 

Yeah, I still remember Driver's Ed when they showed us how a pencil could block our view of a motorcycle. I know, I know, we all sounds like dads!

 

It's true, though. I just did a little math, and assuming that the 2.75" wide air freshener was 2-1/2 feet from the driver's head, it could block out a 14-foot long object at 150 feet.

I wish I could remove my rear-view mirror for autocrossing, but the wiring for the convenience package makes that problematic. I can't imagine actually having something else hanging down below the mirror.

 

And let's not forget, is it really so bad for cops to pull people over if they become suspicious of a vehicle? If you don't have anything illegal and all of your paperwork is legit then at most it should be a simple inconvenience of lost time.

 

Only in California. . . . . . . . . who would have thought that such a liberal state would turn into a police state?

 

Except, if the officer did not have probable cause to stop the car, anything that happened as a result of the stop would have to be suppressed. It's called "poisoned fruits." Here, the court ruled there was probable cause for the stop.

 

Well from reading that report it appears the officer had the right to pull the driver over, and if anything give a warning. Since his name came up as a parolee he had a right to search the vehicle. Since drugs and a stolen credit card came up, it was reason for his arrest.

If the item hanging from the the mirror was a class ring on a chain, the officer probably never would have pulled him over.

All of which amounts to those things smelling like crap and just look stupid. So if you want your car to smell nice, keep it clean. Then don't hang ugly fake trees in the car.

 

And I think this might be an ethnic thing that I "just don't understand", but what's the deal with hanging a new air freshener in your car, and **not taking the old one out**? I swear I have seen cars driving around with two dozen of those damn little tree air fresheners hanging in mini-forests from the rear-view mirror, dash vents, clothes hooks in the back, everywhere!

 

You don't need probable cause to make a traffic stop - all that's required is "reasonable suspicion".

"Probable cause" is a higher standard, and it's what's generally needed for searches and/or arrests. So in this case, the cop had the "reasonable suspicion" he needed to make the stop. He did NOT have probable cause for a search, but because of the defendent's parolee status, no probable cause was needed.

It's semantics, I know. But the only reason I made that post was that if someone didn't read the OP's post or the linked file closely enough, they'd likely come away with the impression that the air freshener (or a GPS, or a radar detector) somehow gives the police probable cause to search your car, which is absolutely incorrect.

 

As I lifelong CA resident, I keep wondering why people outside the state think it's a liberal state? That title belongs to Vermont now. California stopped being a liberal state about 1980.

 

Unless the person gave consent for the search(which happens more than you would think and results in LOTS of illegal items being found) than probable cause may not be an issue.

 

Seriously. If you've ever watched "Cops" you've seen the idiot that gets pulled over for speeding, or running a stop sign, and then consents to a search of his/her car...and then 3 minutes later is sobbing and swearing he/she "Didn't know it was there! Those drugs aren't mine, I swear!"

I would probably not consent if I knew I had something illegal in my car, just IN CASE it could be thrown out later for some silly technicality. But when you give consent, you blow it.

 

`1