News (Media Awareness Project) - US OH: Wire: Limits On Police Searches Debated U.S. Supreme |
Title: | US OH: Wire: Limits On Police Searches Debated U.S. Supreme |
Published On: | 1999-01-14 |
Source: | Columbus Dispatch (OH) |
Fetched On: | 2008-09-06 15:40:59 |
LIMITS ON POLICE SEARCHES DEBATED U.S. SUPREME COURT
Washington - The U.S. Supreme Court heard hour-long arguments
yesterday in cases dealing with sexual harassment of students by other
students and the limits on police searches during traffic stops.
The search of Sandra Houghton's purse during a drug-related traffic
stop falls into a gray area of the law.
The Fourth Amendment's protections against unreasonable search and
seizure have set a high standard for police, and the court ruled in
1948 that police cannot search passengers without any reason to
believe they had broken the law.
However, the justices said in a 1982 case that if police believe a
vehicle contains drugs or other illegal materials, the officers can
search any container that could be used as a hiding place.
The question is whether Houghton's purse is merely one of the
containers within the car, or whether it is so personal that it
should not be searched unless police had reason to believe she was
carrying drugs.
After stopping David Young for speeding in 1995, Wyoming police saw a
hypodermic syringe in his pocket. Young confessed he had taken drugs,
and he and two female passengers were ordered out of the car.
While looking for drugs, the officers went through Houghton's purse
and found drug paraphernalia and liquid methamphetamine.
However, the Wyoming Supreme Court overturned Houghton's felony
conviction, ruling that police should never have looked in her purse.
Ohio joined 29 other states in urging the high court to permit police
to search purses of passengers during these sorts of traffic stops.
Washington - The U.S. Supreme Court heard hour-long arguments
yesterday in cases dealing with sexual harassment of students by other
students and the limits on police searches during traffic stops.
The search of Sandra Houghton's purse during a drug-related traffic
stop falls into a gray area of the law.
The Fourth Amendment's protections against unreasonable search and
seizure have set a high standard for police, and the court ruled in
1948 that police cannot search passengers without any reason to
believe they had broken the law.
However, the justices said in a 1982 case that if police believe a
vehicle contains drugs or other illegal materials, the officers can
search any container that could be used as a hiding place.
The question is whether Houghton's purse is merely one of the
containers within the car, or whether it is so personal that it
should not be searched unless police had reason to believe she was
carrying drugs.
After stopping David Young for speeding in 1995, Wyoming police saw a
hypodermic syringe in his pocket. Young confessed he had taken drugs,
and he and two female passengers were ordered out of the car.
While looking for drugs, the officers went through Houghton's purse
and found drug paraphernalia and liquid methamphetamine.
However, the Wyoming Supreme Court overturned Houghton's felony
conviction, ruling that police should never have looked in her purse.
Ohio joined 29 other states in urging the high court to permit police
to search purses of passengers during these sorts of traffic stops.
Member Comments |
No member comments available...