Pubdate: Sat, 05 Jan 2002 Source: Associated Press (Wire) Copyright: 2002 Associated Press Author: Gina Holland HIGH COURT TO HEAR BUS SEARCH CASE WASHINGTON (AP) - The Supreme Court is accepting the Bush administration's request that it decide whether to bolster the power of police to search passengers on public transportation. Officers routinely check buses and trains for drug couriers and since the Sept. 11 attacks have focused efforts on terrorists who could be using public transportation. The high court said Friday it will decide whether police who want to look for drugs or evidence of other crimes must first must inform passengers of their legal rights. The ruling could clarify what police may and may not do as they approach and search a passenger. Without mentioning the airliner hijackings specifically, administration officials invoked the war on terrorism and the concern over aviation security in asking the justices to take the case. "Programs that rely on consensual interactions between police officers and citizens on means of public transportation are an important part of the national effort to combat the flow of illegal narcotics and weapons," Solicitor General Theodore Olson wrote. "In the current environment, they may also become an important part of preventing other forms of criminal activity that involve travel on the nation's system of public transportation," he added. In another case, the Supreme Court said it will decide whether former Alabama inmate Larry Hope may sue his guards for shackling him to a metal pole known as the "hitching post." Hope claims the hitching post is unconstitutionally cruel and unusual punishment. Lower federal courts agreed but ruled that the officers were protected from his lawsuit. Hope told the court that he and hundreds of other prisoners were shackled to the outdoor pole for extended periods without food, water or bathroom breaks and were taunted by guards. "Certainly this is a case in which the rights violated are so basic and obvious that the petitioner should be entitled to ask a jury for compensation," Hope wrote. Hitching posts were used periodically in Alabama prisons for years, but came into widespread use in 1995 as part of a get-tough approach to criminals championed by then-Gov. Fob James. They are not used now. In the public transportation case, it is not clear whether the Supreme Court's ruling would apply to airplane passengers. Stanford University law professor George Fisher said the ruling will give officers guidance for handling any type of passenger search, but "this case will end up being much more about drugs than about bombs." The Supreme Court agreed to hear the federal government's argument that police officers in Tallahassee, Fla., were within their rights when they questioned and searched two men aboard a Greyhound bus in 1999. Police asked to pat down the baggy clothing of Christopher Drayton and Clifton Brown. The men agreed, and officers felt hard objects on the men's legs that turned out to be packets of cocaine. Both men were convicted of drug charges. On appeal, the 11th U.S. Circuit Court of Appeals ruled the cocaine should not have been admitted as evidence, because the officers failed to tell the men they were not required to cooperate, or otherwise inform them of their rights. The encounter violated the Constitution's ban on unreasonable searches and seizures, in part because the men did not feel free to leave, the court said. The cases are United States v. Drayton, 01-631, and Hope v. Pelzer, 01-309. In other actions Friday, the high court: - -Agreed to decide whether, before pleading guilty, those charged with federal crimes have a constitutional right to see any information collected by prosecutors that could help them fight the charges. United States v. Ruiz, 01-595 - -Said it would mediate a dispute between the tow-truck industry and cities that restrict towing charges and practices. The case could have implications for motorists nationwide, and a far-reaching ruling could restrict many other kinds of local regulations. City of Columbus v. Ours Garage and Wrecker Service, 01-419. - -Agreed to consider when companies can be forced to pay the winning side's attorneys fees in labor lawsuits. An appeals court said BE&K Construction Co. had to pay the bills of unions that the company had sued. BE&K Construction v. National Labor Relations Board, 01-518. - --- MAP posted-by: Josh