THEY'RE CALLED PRIVATE CARS

IF AUTOMOBILES 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 required police to obtain a warrant before conducting
a search. 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 their safety was in
danger or that the suspect might destroy evidence.

Over time, that exception widened into a loophole, until Iowa basically
abolished Fourth Amendment coverage of vehicles. A law in that state, in
danger of being copied by other states, gave police blanket authority to do
a full field search.

That included opening luggage in, and locked trunks of, any car stopped for
any traffic infraction, presumably including parking violations. Iowa
officials frankly said the law gave police the authority to search a
pedestrian stopped for jaywalking.

In a case that went before the Supreme Court, an Iowa driver's car was
searched after he was given a ticket - but not arrested - for going 43 miles
per hour in a 25 mph zone. The search turned up some marijuana and drug
paraphernalia, 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 going 41 mph in a 30 mph zone
in a capital suburb.)

Given no cause for a search, the officer had to stick to the offense at
hand, Rehnquist said in a ruling this week. He noted that "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."

The high court's 9-0 opinion in the case probably won't affect the way Mid-
South law enforcement agencies conduct stops, according to police,
prosecutors and defense lawyers. Such searches now require probable cause to
suspect criminal activity or the motorist's consent.

Still, the unanimous Supreme Court decision was a too-rare victory for the
right of privacy. It's a pity George Mason and James Madison didn't have
cars.

Checked-by: Don Beck