COURT TO DECIDE ON LEGALITY OF CAR SEARCHES WITHOUT A WARRANT

The Supreme Court agreed Monday to clarify whether police can always search
a car without a warrant after arresting its occupant.

The court said it will hear Florida prosecutors' appeal of a state court
ruling that said police cannot automatically conduct such a search if the
person got out of the car before the initial contact with police.

Robert A. Thomas was arrested after he drove up to a house where police
were making arrests for narcotics offenses. Thomas got out of his car and
walked toward the rear of the car, where an officer met him and asked to
see his driver's license. Court papers did not give a location or date of
the incident.

A license check showed an arrest warrant for a probation violation. The
officer arrested Thomas, and a search of his car shortly afterward found
plastic bags containing a substance that police said tested positive as
methamphetamine.

A state trial judge granted Thomas' request to bar the use of the evidence.
A state appeals court disagreed, saying the search was lawful because it
followed Thomas' arrest.

The nation's highest court ruled in 1981 that when a police officer has
arrested the occupant of a vehicle, the officer can search the car's
passenger compartment.

But the Florida Supreme Court ruled that because Thomas had gotten out of
the car before he had any contact with police, the officers could not
automatically search his car after arresting him. Instead, the court said
police must show the search was necessary to protect officers' safety or to
preserve evidence.

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

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

The case is Florida v. Thomas, 00-391.