Pubdate: Aug 12, 1999 Source: Chicago Tribune (IL) Copyright: 1999 Chicago Tribune Company Contact: http://www.chicagotribune.com/ Forum: http://www.chicagotribune.com/interact/boards/ Author: Associated Press. Tribune reporter Margaret O'Brien contributed to this report from Chicago. LONG AIRPORT DRUG SEARCH WILL REQUIRE OK OF COURT WASHINGTON -- The Customs Service, responding to allegations of abusive drug searches, said Wednesday it will begin seeking approval from a federal magistrate whenever it wants to hold an airline passenger for more than four hours. The new policy, effective Oct. 1, marks the latest change in the way Customs checks passengers for drugs. It is the most significant step to improve search procedures, said the agency's commissioner, Raymond Kelly. The searches, intended to catch smugglers who hide cocaine or heroin inside their clothing or who swallow drug packets, usually begin with a pat-down and, with reasonable suspicion, can proceed to a partial or full strip search, an X-ray or a monitored bowel movement. In general, Customs now can detain passengers for long periods without court approval. Under the change, Customs would have to convince a federal magistrate that it had "reasonable suspicion" for keeping a passenger in custody beyond four hours, Kelly said. If the magistrate declines the request, the passenger is to be released. "We're taking people's liberty away. We want judicial review of that," Kelly said. Customs officials said processing at Chicago's airports is not expected to change significantly. "It really shouldn't affect operations much at all (in Chicago)," said U.S. Customs spokesman Dennis Murphy. "It's rare that we would hold someone that long without being pretty far along in the process. We usually know what we're dealing with by then." Murphy said the New York and Miami airports are likely to see the most significant changes. "We don't see the same kind of drug activity in Chicago," he said. The American Civil Liberties Union said the policy change is a step in the right direction. But the group believes the reasonable-suspicion standard is easy enough for law enforcement to meet and the change still does not "protect people from abusive or discriminatory" searches, said ACLU legislative counsel Gregory Nojeim. The ACLU would have preferred a tougher "probable cause" standard that a crime has been committed, he said. Customs arrived at the four-hour period because historical data showed that generally is the time frame when critical decisions are made about the need for more advanced searches, officials said. The agency is facing numerous lawsuits from people alleging they were singled out for body searches because of their race or sex. The agency said that in May it began collecting, for the first time, data including the race, sex, age and citizenship of people detained for personal searches, along with the reason for the searches. - --- MAP posted-by: Thunder