'AN ABUSE OF AUTHORITY'

High court deliberates routine highway searches.

Fortunately, even the most traditionally "law-and-order" members of
the U.S. Supreme Court seemed both surprised and skeptical Tuesday
when confronted with the broad discretion Iowa now grants its police
to search drivers pulled over for routine traffic violations ... even
without any "probable cause" to believe a further crime has been committed.

Appellant Patrick Knowles was stopped for speeding on March 6, 1996,
in Newton, Iowa. An officer gave Mr. Knowles a speeding ticket and
then informed him he had a right to search his car, which the cop
proceeded to do. The search turned up a pipe and a small quantity of
marijuana, which Iowa courts allowed to be used as evidence. Mr.
Knowles was convicted and sentenced to 90 days in jail, but is now
appealing based on the Constitution's Fourth Amendment protection
against unreasonable searches.

"If somebody jaywalks, the police could search them?" asked Justice
John Paul Stevens, according to an Associated Press story.

"Correct," explained Iowa Assistant Attorney General Bridget A.
Chambers.

Justice Antonin Scalia then asked Ms. Chambers whether an officer
could stop someone, arrest and search them, and then drop the arrest.
Yes, she said.

"Wow," the justice responded.

About 400,000 people are given traffic tickets each year in Iowa, Mr.
Knowles' lawyer, Paul Rosenberg, told the high court. But police
invoke their authority to conduct searches only selectively, because
if everyone given a traffic ticket were searched, "the people wouldn't
stand for it."

A 1973 Supreme Court decision allows police to conduct a "search
incident to arrest," noted Justice Anthony M. Kennedy. But, "You want
to turn it around and have an arrest incident to search. ... It seems
to me that would be an abuse of authority."

The notion that we should not object to government agents stopping and
frisking any passer-by since "it's for the protection of everyone" and
"the innocent have nothing to fear," is the next-to-last stop on the
one-way train ride to tyranny.

Yes, such measures appear to make the policeman's lot a bit easier, in
the short run. But once the populace begins to see these officers as
anything but friendly keepers of the peace and protectors of our
liberties, that could quickly change.

The high court is expected to rule in the case of Mr. Knowles by July.
Let us hope the Supremes set a firm high water mark for this
particular tide of tyranny, and begin to roll it back.

Checked-by: Rich O'Grady