Pubdate: Thu, 10 Dec 1998
Source: Denver Post (CO)
Contact:  http://www.denverpost.com/
Copyright: 1998 The Denver Post

SUPREME COURT PROHIBITS POLICE FROM ROUTINELY SEARCHING VEHICLES

WASHINGTON - Police officers cannot routinely search motorists and their
cars after stopping them for traffic violations, the Supreme Court ruled
Tuesday.

The 9-0 decision marked a rare win for privacy rights and overturned the
drug conviction of an Iowa man who was stopped for speeding, searched and
then arrested when an officer found a bag of marijuana under his seat.

The Iowa case became a closely watched test because it is the only state
that authorizes officers to search all cars that are stopped for traffic
violations. Its police do not even need a specific reason for searching the
vehicle.

The court ruled that this broad authority to search violates the Fourth
Amendment.

Tuesday's ruling calls a halt to the trend of giving the police ever more
leeway to search vehicles, especially for drugs.

Normally, the police must have a specific reason to search a person or his
car. For example, if officers chase a car that sped away from a robbery,
they would have good reason for searching the occupants and the vehicle.

But in recent years, many motorists have complained they were stopped by
police for vague reasons and then pressed to allow their cars to be
searched.

Writing for the court, Chief Justice William Rehnquist said the officer was
not in danger when he wrote the traffic ticket, and the speeding violation
itself did not justify a full search of the car.

Officers who fear for their safety can require drivers and passengers to
step out of the car to be checked for weapons. Further, officers who have
reason to believe a motorist is carrying drugs can search the vehicle.

But the Supreme Court drew a line at allowing searches during routine
traffic stops where there is no apparent danger and no evidence of other
criminal activity.

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Checked-by: Don Beck