There Is No “Law”; Only Lawyers, Judges, Cops And Jails
In a very real sense, there is no such thing as the law. There are books that contain printed materials, from everything from a statute, to a Court Opinion, to a Memorandum Decision, a regulation, and Rule, and even an Opinion of the Attorney’s General. These otherwise printed materials, can, these days, be found on various internet sites, which seem to be replacing actual written published materials. But when it comes right down to it, as in the words of Mr. Judicial Restraint, Mr. Justice Scalia, the law is what the Supreme Court says it is. After you get past the very basics, like you’re entitled to a trial by jury, to have a lawyer represent you, and that twelve people have to unanimously convict you, everything after that are “rules” and “doctrines” created by Judges; everything. Moreover, most of the time, these rules are created by Judge, with the result being determined first, and the path to arrive at that result, being creating logical constructs, that justify those case results. When the Supreme Court votes 5-4 on a case, it’s not that five of the Justices are “right” and four are “wrong”. These cases are not math problems with a right or wrong answer. The votes are simply the Justice view of the world, as applied to a particular case. Here are some examples:
Can The Cops Search Your Car If They Arrest You After Being Told To Get Out Of It?
The law as of 1981: Yes then can. The law as of 2009: No they can’t.
In New York v. Belton, 453 U.S. 454 (1981), the United States Supreme Court held that police can search the passenger compartment of a car, if the driver of the same is arrested, as a search incident to an arrest. Twenty-Eight years later, the Supreme Court held that a police officer may not search a car as incident to an arrest. See, Arizona v. Gant, 556 U.S. _____ (2009.). Since there was no change in the Fourth Amendment to the United States Constitution during that 28 year period, why the change?