WHEN POLICE GO TOO FAR

Without the protections afforded by the Fourth Amendment, nothing
would keep police or other government representatives from riding
roughshod over innocent citizens' possessions and lives, with either
good or ill intent. Sadly, some certain recent trends in law
enforcement make that crucial guarantee of freedom from unreasonable
searches and seizures seem threatened.

In particular, overzealous efforts to crack down on illegal drugs have
prompted instances of over-reaching by police and others, including in
public schools. Proposals in North Carolina and other states to
collect DNA from persons arrested but not yet convicted of crimes
raise similar concerns.

In that context, it's heartening to see North Carolina's Court of
Appeals unequivocally affirm guidelines that police must follow under
the Fourth Amendment to ensure citizens' rights.

This week a three-judge appeals court panel unanimously ruled that
Durham police overstepped the proper bounds during a March 1997 stop
of a car whose temporary license tag was smeared and illegible. The
tag turned out to be valid, and no charges were filed against the
driver. He and two passengers cooperated with the officers and, the
court decided, did nothing to foster a reasonable suspicion of
criminal activity.

Yet after failing to get permission to search the car, officers
searched it anyway, finding a gun and crack cocaine in a jacket in the
front passenger seat. That evidence's admission in court led the
passenger to plead guilty.

The appeals court sensibly ruled that the evidence should have been
suppressed. The ruling properly declares that without indication that
the subject is dangerous or that a crime is being committed (furtive
behavior would qualify), there's neither cause nor excuse for a search.

In upholding the presumption of innocence and freedom from undue
intrusion, the court showed good judgment and respect for the
Constitution, which should cheer all North Carolinians.