Monday, April 14, 2008

But, they're there to decrease accidents!

At least, that's what the idea was. Now, I still think there's some cause for a 4th amendment argument against illegal searches, but, in actuality, since the city announced their existence, I'm nto sure that such an argument would work.

However, showing that the city is lowering the yellow light time in an attempt to raise revenue... that's the kind of bad press that can kill a municipal program.

3 comments:

photog said...

I would agree with your Constitutional argument but for United States v. Knotts, 460 U.S. 276 (1983). Therein the Supreme Court upheld its diminished expectation of privacy in an automobile. "One has a lesser expectation of privacy in a motor vehicle because its function is transportation and it seldom serves as one's residence or as the repository of personal effects. A car has little capacity for escaping public scrutiny. It travels public thoroughfares where both its occupants and its contents are in plain view." citing Cardwell v. Lewis, 417 U.S. 583, 590 (1974). The Court continues, "A person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another. When [defendant] traveled over the public streets he voluntarily conveyed to anyone who wanted to look the fact that he was traveling over particular roads in a particular direction, the fact of whatever stops he made, and the fact of his final destination when he exited from public roads onto private property."

So while I agree that you have a plausible 4th amendment claim, the United State Supreme Court would respectfully disagree.

Steve said...

I guess I didn't spell out that I figured the argument wouldn't work clearly enough. Still, the gist of the post is still there - government malfeasance in the name of raising revenue at taxpayer expense both financially and safety-wise.

Nelson said...

I was driving through an intersection in NYC, and went through a red with a photo camera. I absolutely swear the yellow didn't stay on for more than 2 seconds at this light - I wathced it turn yellow, then one mississippi, two mississi--red. I had to either slam the breaks and risk the guy behind me hitting me or go through. I went through and it turned red just as I was entering the intersection. My girlfriend at the time, who was sitting in the passenger seat, yelled at me for going through it. I didn't get a ticket in the mail, although I was expecting one.

I've had other close calls with photo cameras, but never have I seen a light turn as fast as it did that day.