POLK CAR-SEARCH CASE HITS U.S. HIGH COURT

An assistant public defender from Polk County will argue before the U.S.
Supreme Court in a case that could set law for search and seizures
involving car searches.

The high court agreed Monday to hear a Polk County case to clarify whether
police can always search a car without a warrant after arresting its
occupant. The Florida Attorney General's Office is appealing a ruling by
the Florida Supreme Court.

"Personally I'm excited," said Assistant Public Defender Cynthia Dodge, who
filed appeals on behalf of the defendant, Robert A. Thomas, 33, of
Lakeland. "But it's not good news for my client because the Florida Supreme
Court had ruled in his favor."

Thomas was arrested Feb. 28, 1997, after he drove up to a house in Lakeland
where Polk sheriff's deputies were making arrests for narcotics offenses.
Thomas got out of his car and walked toward the rear of the car, where a
deputy met him and asked to see his driver's license.

The deputy arrested Thomas when he learned there was an arrest warrant for
him on a probation violation, and a search of his car shortly afterward
found plastic bags containing what police said tested positive as
methamphetamine.

Private attorney Brandon Rafool of Winter Haven, who represented Thomas on
the drug possession charge at trial, said Monday that he argued that the
search was illegal because Thomas voluntarily left his car, and the vehicle
had nothing to do with the arrest warrant. Circuit Judge Bob Pyle, now
retired, granted Rafool's motion to bar the drug evidence.

The 2nd District Court of Appeal in Lakeland overturned Pyle's ruling,
saying the search was lawful because it followed Thomas' arrest.

But the Florida Supreme Court ruled that because Thomas had gotten out of
the car voluntarily before he had contact with deputies, the officers could
not automatically search his car after arresting him, said Dodge.

Instead, the state's high court said police must show the search was
necessary to protect officers' safety or to preserve evidence.

In the appeal granted U.S. Supreme Court review Monday, prosecutors said
such a showing was not needed.

"If a valid custodial arrest of a recent occupant of a motor vehicle had
been effected, a search of that vehicle incident to that arrest may be
undertaken," said Florida Attorney General Bob Butterworth.

Rafool said that although Dodge handled all the appeal work, he will attend
the U.S. Supreme Court hearing, expected to be held in April, just to hear
the arguments.

Dodge said she believes the court will hear oral arguments, but it could
just accept written arguments, she said.

Assistant State Attorney Hardy Pickard, who prosecuted the case at trial,
said Monday: "It's gone as far as it can go. The U.S. Supreme Court
decision will be the end of the line."

The drug charge against the defendant is pending the outcome of the appeal.

Information from The Associated Press was used in this report.