Pubdate: Mon, 05 Apr 1999 Source: Omaha World-Herald (NE) Copyright: 1999 Omaha World-Herald Company. Contact: http://www.omaha.com/ Forum: http://chat.omaha.com/ RULING EXPANDS SCOPE OF TRAFFIC-STOP SEARCHES Police can search the personal belongings of all passengers inside a car when lawfully seeking criminal evidence against the driver, the Supreme Court ruled Monday. By a 6-3 vote in a Wyoming case, the court expanded the already considerable police power to search motor vehicles without a court warrant. "Effective law enforcement would be appreciably impaired without the ability to search a passenger's personal belongings when there is reason to believe contraband or evidence of criminal wrongdoing is hidden in the car," Justice Antonin Scalia wrote for the court. In dissent, Justice John Paul Stevens said, "Today, instead of adhering to the settled distinction between drivers and passengers, the court fashions a new rule." Under that rule, Stevens said, police might be able to search a taxi passenger's briefcase if they had reason to believe the driver had a syringe somewhere in his vehicle. In other cases Monday, the court: Said criminal defendants who plead guilty have a constitutional right to remain silent at sentencing without judges holding it against them. Judges cannot impose harsher punishment if such defendants refuse to give details about the crime, said the justices' 5-4 decision in a Pennsylvania drug case. Ruled that prosecutors cannot be sued for having lawyers searched and for interfering with their ability to advise a client appearing before a grand jury. The court ruled unanimously that such action by California prosecutors in the Menendez brothers' murder case did not violate a lawyer's constitutional right to practice his profession. Agreed to review the death sentence of a convicted Virginia killer whose scheduled Tuesday execution it postponed last week. The justices said they will decide whether death-row inmate Terry Williams should get a federal court hearing on his claims that he was denied adequate legal help during his sentencing trial. The Wyoming case that spurred Monday's decision on car searches began as a routine traffic stop, a situation that arises numerous times daily across the nation. A car driven by David Young was stopped for speeding on Interstate 25 in Natrona County in the early-morning hours of July 23, 1995. After a Highway Patrol officer saw a hypodermic syringe in Young's pocket, Young candidly said he had used it to take drugs. During the ensuing search, two other officers asked the car's two female passengers to get out of the car. One of them, Sandra Houghton, left her purse on the car's back seat. Inside it, police found drug paraphernalia and liquid methamphetamine. She was convicted on a felony charge but appealed. The Wyoming Supreme Court threw out her conviction last year, ruling that police were justified only in searching the car for drugs Young may have had with him - and therefore could not search Houghton's purse. Monday's decision reversed the state court's ruling. "The sensible rule ... is that such a package may be searched, whether or not its owner is present as a passenger or otherwise, because it may contain the contraband that the officer has reason to believe is in the car," Scalia said. He added that car passengers "will often be engaged in a common enterprise with the driver and have the same interest in concealing the fruits or the evidence of their wrongdoing." Joining Scalia in reinstating Houghton's conviction were Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor, Anthony M. Kennedy, Clarence Thomas and Stephen G. Breyer. Joining Stevens in dissent were Justices David H. Souter and Ruth Bader Ginsburg. - --- MAP posted-by: Derek Rea