LIMITS TO POLICE SEARCH / COURT: SPEEDING NO REASON TO LOOK IN CAR

Washington - Police who stop motorists for speeding don't
automatically have authority to search their cars, the Supreme Court
ruled unanimously yesterday.

Citing the U.S. Constitution's Fourth Amendment protection against
unreasonable searches, the justices overturned an Iowa state law that
allowed a full-blown search of a vehicle when its driver is pulled
over for a traffic violation.

Iowa authorities and national police organizations had asked the high
court to expand to traffic stops its 1973 ruling that authorized
police to search people for weapons and evidence after placing them
under arrest. But the six-page opinion written by Chief Justice
William Rehnquist said that while concern for officer safety permits a
"pat-down search" of a driver and passengers, "it does not by itself
justify the often considerably greater intrusion attending a full
field-type search" of the vehicle.

The case was brought by Patrick Knowles, a 37-year-old factory worker
who was stopped in Newton, Iowa, in 1996 by a local policeman who
clocked him traveling 43 miles per hour in a 25 mph zone. The
policeman gave him a speeding ticket and, under the Iowa law, searched
the car without Knowles' consent. When a small bag of marijuana and a
"pot pipe" were found beneath the front seat, Knowles was arrested on
drug-possession charges. He was convicted and sentenced to 90 days in
jail after a state court trial where he tried unsuccessfully to
suppress the evidence on grounds the search violated his Fourth
Amendment rights.

The nine justices agreed yesterday that Knowles' constitutional rights
had been violated by the search. The unanimity surprised some court
observers; the court in recent years generally has leaned toward
giving police broader authority to conduct searches.

Knowles' appeal to the Supreme Court said Iowa was the only state to
authorize a search whenever a traffic citation is issued. However, a
ruling for Iowa might have encouraged other states to enact similar
laws.

Checked-by: Rich O'Grady