MISSOURI'S HIGH COURT RULES IN FAVOR OF DRUG CHECKPOINTS

JEFFERSON CITY - The Missouri Supreme ruled Wednesday that police can set
up checkpoints to stop and search cars for illegal drugs under certain
conditions.

In a rare split, the four judges appointed by a Republican governor formed
the majority, while the three judges appointed by a Democrat dissented.

At issue was a checkpoint set up in June 1999 by police in Troy, Mo. Police
selected the low-traffic Old Cap Au Gris exit on Highway 61 in Lincoln
County, then put up signs to mislead motorists into thinking the checkpoint
was further up the road.

The idea was that those engaged in criminal activity would drive right into
the checkpoint in an attempt to avoid it.

When Todd Mack came to the checkpoint, officers described him as nervous,
with bloodshot eyes, and smelling of alcohol. A search found drugs and drug
paraphernalia under the driver's seat of his car. He was charged with
possession of a controlled substance.

Mack contended that the evidence was inadmissible because officers violated
his constitutional protection against unreasonable search and seizure. The
Lincoln County Circuit Court agreed, citing a U.S. Supreme Court decision
that threw out evidence obtained through drug checkpoints unless there was
"individualized suspicion" of wrongdoing.

Wednesday's opinion, written by Chief Justice Stephen N. Limbaugh Jr.,
reversed that ruling. The high court said the deceiving signs set up by
police made the checkpoint legal because drivers with drugs were more
likely to take the first exit. Thus, the searches met the test for
"individualized suspicion."

Lincoln County Prosecutor G. John Richards said Wednesday that while the
court split along party lines, that doesn't necessarily mean the tide will
shift when Democrats assume the majority. A judge appointed by a Republican
retired this month and will be replaced by Democratic Gov. Bob Holden.

"Law enforcement decisions a lot of the time depend on the political
background of the judge, not necessarily on who appointed them," Richards said.