Saturday, July 07, 2018
- A Tennessee law that automatically rescinds the licenses of drivers who fail to pay court debt is unconstitutional, says a district court. "No rational creditor wants his debtor to be sidelined from productive economic life. No rational creditor wants his debtor to be less able to hold a job or cover his other, competing living expenses…. The state can still use the specter of revocation to encourage payment of court debt; it simply must afford the debtor the opportunity to demonstrate, first, that the only reason he has failed to pay is that he simply cannot."
- The end result of the U.S. Supreme Court's holdings involving motorist stops is that police have "virtually unlimited discretion to stop arbitrarily whomever they choose, arrest the driver for a minor offense that might not even be subject to jail penalties, and then obtain a broad inventory search of the vehicle—all without a warrant." So says the Iowa Supreme Court, holding the state's Constitution provides greater protections against such searches than the U.S. Constitution. (H/t: Andrew Fleischman.)
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