Pubdate: Wed, 23 Feb 2000 Source: Washington Post (DC) Copyright: 2000 The Washington Post Company Address: 1150 15th Street Northwest, Washington, DC 20071 Feedback: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm Website: http://www.washingtonpost.com/ Author: Joan Biskupic, Washington Post Staff Writer COURT TO HEAR INDIANAPOLIS CASE ON DRUG ROADBLOCKS The Supreme Court agreed yesterday to decide whether police are violating motorists' constitutional rights when they set up roadblocks to conduct random drug inspections. The case, to be heard at the court next fall, could widely affect police operations nationwide as law enforcement authorities implement an array of checkpoint programs to stem the flow of narcotics trafficking. Lower courts remain split over whether the random stops infringe on Fourth Amendment protections against unreasonable searches. The dispute involves a case out of Indianapolis, where police officers checked drivers for signs of impairment, such as slurred speech, and led drug-sniffing dogs around vehicles. A federal appeals court ruled the practice wrongly detains motorists who have done nothing to raise police suspicions. In its decision, the 7th Circuit Court of Appeals said the city had failed to establish any "urgent considerations of public safety" to justify randomly stopping drivers. The appeals court panel acknowledged in its decision last year that the Supreme Court had previously upheld roadblocks at which police check drivers for the influence of alcohol. But the opinion by Chief Judge Richard A. Posner, one of the nation's most prominent jurists, said sobriety tests are different from drug stops because sobriety tests are primarily concerned with road safety for all travelers and not concerned "primarily with catching crooks." Posner emphasized that the city was using the checkpoints as a law enforcement tool, even though there was no reason to believe that the various drivers stopped had done anything wrong. As such, he said, the practice violates drivers' privacy in an effort to find some evidence of a crime. In appealing the decision to the high court, the city of Indianapolis noted that a Florida narcotics roadblock had been upheld by the U.S. Court of Appeals for the 11th Circuit and urged the justices to clarify what police can do. The practice was challenged in a class action lawsuit brought by the Indiana Civil Liberties Union. The challengers, who included two people who were stopped but not arrested, alleged that the policy was unconstitutional because it allowed officers to stop people without the usually required "individualized suspicion" of drug dealing or other wrongdoing. They said the narcotics and K-9 stops crossed the line in being designed solely to interdict drugs. The case is City of Indianapolis v. Edmond. In returning yesterday from a month-long recess, the justices also issued orders in hundreds of pending cases and ruled in disputes heard earlier this term. Among other actions yesterday, the court: * Rejected an appeal by George Mason University in a sex discrimination lawsuit brought by a woman who said she had been harassed by a university professor. By declining to take the case, the court let stand a ruling by the Richmond-based 4th Circuit that said the state-run university was not shielded from claims filed under a statute that prohibits sex bias at colleges receiving federal funds. George Mason lawyers, appealing to the justices' interest in bolstering states' rights, had argued that even though the school had accepted the federal education funds, it had retained a state's usual 11th Amendment immunity from lawsuits based on the statute. The justices spurned the appeal without comment or recorded vote in George Mason University v. Litman. * Agreed to decide whether a high school athletic association can be sued as a "state actor" for allegedly violating the rights of its member schools. The case was brought by Brentwood Academy, a private high school in Tennessee, against the Tennessee Secondary School Athletic Association after the group banned the school from football tournaments for alleged recruiting violations. The case of Brentwood Academy v. Tennessee Secondary School Athletic Association will be heard next fall. * Ruled in a federal income tax case that the three-year time limit for seeking a refund of overpayments begins running when a person's withholding and estimated tax payments are submitted. By a unanimous vote, the justices upheld lower courts and rejected arguments by a former Washington Post employee that the deadline is tied to when someone files a tax return. (Baral v. United States) - --- MAP posted-by: Jo-D