Pubdate: Wed, 23 Feb 2000
Source: San Luis Obispo County Tribune (CA)
Copyright: 2000 The Tribune
Contact:  P.O. Box 112, San Luis Obispo, CA 93406-0112
Fax: 805.781.7905
Website: http://www.thetribunenews.com/
Author: Associated Press

COURT TO WEIGHT ISSUE OF DRUG CHECKPOINTS

Stops May Violate The Fourth Amendment

WASHINGTON (AP) - The Supreme Court, taking a new look at the privacy
rights of Americans in their cars, said Tuesday it will decide whether
police can set up random traffic checkpoints and stop motorists to search
for illegal drugs.

The justices said they will review a federal appeals court ruling that said
checkpoints where Indianapolis police detained most motorists for about
three minutes likely amounted to unreasonable seizures in violation of the
Constitution's Fourth Amendment.

A decision, expected sometime next year, will provide the court's latest
word on the amendment's scope.

"This is a significant case, one that will define a city's power to conduct
random searches of vehicles whenever it perceives it has a problem," said
Kenneth Falk, the Indiana Civil Liberties Union lawyer representing two men
who challenged the police practice.

Falk said a ruling that allows such searches for drugs also could allow
random stops to find people who fail to make child-support payments or
people who have not paid traffic fines.

Police generally need a court warrant or a reason to suspect someone of a
crime before detaining them for several minutes. But in past rulings, the
nation's highest court allowed police to set up sobriety checkpoints aimed
at randomly detecting inebriated motorists and border roadblocks to
intercept illegal immigrants.
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