NO FREE TICKET FOR SEARCHES

Two years ago, Patrick Knowles was stopped by Newton, Iowa police officers
for zipping along at 43 m.p.h. in a 25 m.p.h. zone. He expected, and was
issued, a speeding ticket.

What he did not anticipate was a full search of his car, without his
permission or any probable cause to believe him guilty of other violations
or lawbreaking. It turned up some marijuana and a pipe under the seat, and
Knowles was arrested on drug charges.

Lawyers moved to have the drug charges thrown out on grounds that the
police search had violated Knowles' 4th Amendment right against
unreasonable searches and seizures, and the evidence thus obtained could
not be used.

But as the case weaved its way through the appeals process, the Iowa courts
ruled against Knowles at every turn. Iowa, in fact, is the only state that
permits police to conduct full-blown searches of individuals and their cars
after so much as a traffic ticket.

Not anymore. In a unanimous, and unusually terse, decision last Tuesday ,
the U.S. Supreme Court declared the Iowa law was, indeed, unconstitutional
and a violation of 4th Amendment protections.

It was a welcome reaffirmation of the privacy rights guaranteed to every
citizen by the Constitution, and a shift from recent Supreme Court rulings
that had effectively added some footnotes to the 4th Amendment.

Recent decisions had allowed "searches incident to arrest" under two
conditions. One was an immediate or potential danger to the arresting
officer, including a reasonable suspicion the suspects might be armed. The
other was to discover and preserve evidence relevant to the offense.

In Knowles' case, there was no arrest--just a ticket--and no threat to the
officer's safety. And after Knowles was clocked for speeding, asked for his
license and issued a ticket, the officers had all the evidence they needed.
Their impromptu fishing expedition through Knowles car and belongings was
illegal and unconstitutional, even though it turned up some pot.

Such police behavior is not uncommon, particularly toward minority
motorists. A burned-out license plate bulb can trigger a traffic stop,
which can then expand into body searches, questioning or demands for
immigration documents--none of it related to the original offense.

Tuesday's decision by the Supreme Court makes it crystal clear that such
tactics cannot be countenanced in a free society, even when they
occasionally lead to some criminal evidence.

Checked-by: Joel W. Johnson