Pubdate: Tue, 19 Jun 2007
Source: Ft. Worth Star-Telegram (TX)
Copyright: 2007 Star-Telegram, Fort Worth, Texas
Contact:  http://www.star-telegram.com/
Details: http://www.mapinc.org/media/162
Author: Michael Doyle, McClatchy Newspapers

SEARCH LIMITS APPLY TO VEHICLE PASSENGERS, TOO

WASHINGTON -- The Constitution protects a vehicle's passengers as well
as drivers from illegal searches and seizures, the Supreme Court ruled
Monday.

The case arose out of a late-night stop in California's Central
Valley.

The court ruled that when a vehicle is stopped, both driver and
passenger are in police hands and therefore can't be searched without
due cause, the court ruled.

It's the first time the court has ruled definitively that a police
stop affects drivers and passengers alike.

All will now be covered by the Fourth Amendment's prohibition "against
unreasonable searches and seizures."

This gives defense attorneys more power to challenge arrests in which
police find contraband such as drugs or guns.

The case is Brendlin v. California. The justices have 11 rulings to
issue over the next 10 days or so, including big cases on race in
schools, student speech rights and campaign finance. Nearing the end
of its 2006-07 term, the court will meet Thursday to issue decisions
and then will almost certainly meet again Monday.
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MAP posted-by: Steve Heath