

| Subject: | Traffic Searches |
| From: | Steve |
| Date: | Tue, 8 Dec 1998 12:06:35 -0800 |
Below is news of the Supreme Court's decision on the traffic-stop searches. This decision is significant because it was a unanimous decision by a court best know for the gross extent to which it has cut back 4th amendment protections. They draw the line at searching a vehicle without probable cause that a crime is/was committed. So, decline that officer's request to search your vehicle. The supreme court has just unanimously re-affirmed your constitutional right to do so. WASHINGTON, Dec. 8 (UPI) In a major decision that will affect how police and the public interact, the Supreme Court has ruled that a mere traffic stop and the issuance of a ticket do not justify the search of a car or driver. The unanimous decision reverses a ruling by an Iowa court that allowed such a search. A 1973 Supreme Court decision, United States vs. Robinson, established a "bright line rule" for the right of police to search a driver or vehicle when in the officer's judgment the search is needed to disarm a driver or preserve evidence. But Chief Justice William Rehnquist said today: "Here we are asked to extend that 'bright line rule' to a situation where the concern for officer safety is not present to the same extent and the concern for destruction or loss of property is not present at all. We decline to do so." Iowa, supported by a national police organization, earlier told the Supreme Court that for safety's sake an officer must be able to search drivers and their vehicles, even if the officer is just issuing a ticket instead of making an arrest.
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