A CAR IS AN EXTENSION OF ONE'S PERSON, HOME

If CARS had existed in 1789, the framers of the Constitution almost
certainly would have included them in the Fourth Amendment, the great right
of Americans "to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures..."

Historically that has meant police had to obtain a warrant before
conducting searches, but in 1973 the Supreme Court, with considerable
justification, carved out an exception for traffic stops: Police could
search vehicles stopped for cause if the officers reasonably believed they
were in danger or that the suspect might destroy evidence.

Over time, that exception widened into a loophole until Iowa basically
abolished Fourth Amendment coverage fo vehicles altogether.

A state law, one in danger of being widely copied by other states, gave
police blanket authority to do a full field search - that includes opening
luggage and locked trunks - of any car stopped for any traffic violation.
That would presumably cover parking violations, and Iowa officials frankly
said the law gave police the authority to search a pedestrian stopped for
jaywalking.

The instant case was an Iowa driver whose car was searched after he was
given a routine speeding ticket for going 43-mph in a 25-mph zone. The
search turned up a pot pipe and some marijuana for which the driver was
prosecuted. (In Washington, it was quickly noted that Chief Justice
William Rehnquist had once been ticketed, but not searched, for goint 41
mph in a 30-mph zone in a capital suburb.)

Given no cause for a search in the Iowa case, the officer had to stick to
the offense at hand, Rehnquist said, since "no further evidence of
excessive speed was going to be found either on the person of the offender
or in the passenger compartment of the car."

Even though it was unanimous, the Supreme Court's 9-0 decision was a
too-rare victory for the right of privacy. It's a pity George Mason and
James Madison didn't drive cars. We might not have to fight to extend the
right of privacy to cases in which it should already be clear.

Checked-by: Richard Lake