CAR HUNT CASE GOES TO SUPREME COURT

LAKELAND, Fla. (AP) -- Robert Thomas' future hinges on the interpretation
of five minutes in 1997 -- the time that passed between when he got out of
his car and when the vehicle was searched by a deputy who found drugs.

It is a case now before the U.S. Supreme Court, which was set to hear
arguments Wednesday. Attorneys say the ruling will produce an important
guideline for both police and motorists on the matter of search and seizure.

At issue is when it is legal for police to search a car after a suspect is
arrested. The court has ruled that police can search the passenger
compartment immediately after arresting someone in the car to protect
officer safety and preserve evidence. Those stopped for traffic citations
also have the right to refuse police searches of their cars.

Thomas, a 33-year-old tractor mechanic, faces up to five years in jail if
the drug case against him stands.

"He's scared," said Brandon Rafool, Thomas' attorney. "I feel bad for Robby
because his life has been on hold."

Thomas declined to be interviewed, and friends say he has lived a hermit's
life since his arrest. His friends say he doesn't have a telephone and no
longer ventures to the area where he was arrested four years ago while
visiting longtime friend Alan Crall.

"I miss him and I wish he wasn't so paranoid. He's got a lot to lose and I
can understand his paranoia," said Crall, who along with his now-estranged
wife Julia was also arrested that night.

Two deputies were inside Crall's house, investigating a report of drug
dealing, when Thomas arrived. Thomas, then a 29-year-old whose record
included a marijuana possession charge and minor juvenile offenses, was
asked for his license. A deputy discovered a violation of probation warrant
from the marijuana arrest.

Thomas was arrested and handcuffed when the deputy began searching the car.
In court records, the deputy said he found 4.2 grams of methamphetamine
hidden in a cigarette box.

A Polk Circuit Court judge threw out the evidence five months later.

The state attorney's office dropped charges against Crall, but appealed
Thomas' case. The Florida Supreme Court ruled the search illegal, setting
up Wednesday's hearing.

Robert Krauss, the assistant Florida attorney general who will argue that
the search was legal, said a 1981 Supreme Court ruling allowing police to
search a car in which someone is arrested applies to Thomas. He said issues
of officer safety and preserving evidence didn't evaporate just because
Thomas was out of his car when he was arrested.

"Many (lower) courts have addressed this and they are split down the middle
on which way to go," Krauss said. "That's why the court took it. It's time
for it to be resolved."

The rule that will be created in Thomas' case will apply only to people
under arrest, Krauss said.

Both sides are hoping the court will provide simple guidelines that police,
courts and citizens can follow.

"It's a tough situation as the defendant because you want your case to be
done, but anyone who goes before the Supreme Court has to be honored,"
Rafool said. "He's just a guy who has a simple life and wants this to be done."