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News (Media Awareness Project) - US CA: Wire: Drug Search Barred at Fed Buildings
Title:US CA: Wire: Drug Search Barred at Fed Buildings
Published On:1998-09-20
Source:Associated Press
Fetched On:2008-09-07 00:48:31
DRUG SEARCH BARRED AT FED BUILDINGS

SAN FRANCISCO (AP) -- Heightened security rules for searches at federal
buildings imposed after the Oklahoma City bombing are unconstitutionally
allowing guards to look for drugs, a federal appeals court ruled Thursday.

The rules must be narrowed to allow only searches for weapons and
explosives, the 9th U.S. Circuit Court of Appeals said in a case from
Hawaii. Officers would still be allowed to seize any contraband they see in
plain view while looking for dangerous objects, said lawyers in the case.

The ruling will not affect many cases in the circuit's nine Western states
but represents a victory for the constitutional right to be free of overly
broad searches, said Alexander Silvert, the first assistant federal public
defender in Hawaii.

Assistant U.S. Attorney Craig Nakamura said the government's main concern
was keeping its authority to search for weapons and explosives.

Federal buildings nationwide had been placed on ``yellow alert'' status
since the April 1995 bombing of the federal building in Oklahoma City. The
alert required officers to search all bags for anything that was either
dangerous or prohibited in the building by federal regulations, including
drugs, alcohol and gambling materials, the court said.

Checked-by: Joel W. Johnson
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