COURT REVERSES ITSELF ON CAR SEARCH

SPRINGFIELD, ILL. A deeply divided Illinois Supreme Court gave
police broad authority Thursday to use drug-sniffing dogs to inspect
cars in routine traffic stops, a move critics call an erosion of
personal liberty.

The Illinois attorney general's office, however, applauded the ruling
for giving police more freedom to use "an invaluable tool."

The court's 4-3 majority ruled that a dog sniffing the exterior of a
car does not constitute an unreasonable search.

"A dog sniff will not reveal the contents of diaries or love letters;
it will not reveal the individual's choice of reading materials,
whether religious, political or pornographic; it will not reveal
sexual orientation or marital infidelity," Justice Rita Garman wrote.

The case, which already has been to the U.S. Supreme Court, involves
Roy Caballes, who was stopped on Interstate 80 in 1998 for driving 6
mph above the speed limit. Although Caballes lawfully produced his
drivers license, troopers brought over a drug dog after noticing air
freshener in the car and believing that Caballes appeared nervous.

The dog indicated drugs were in the trunk, and police searched it
even though Caballes refused to give permission. They found $250,000
worth of marijuana, and Caballes was convicted of drug trafficking.

Initially, the verdict was thrown out by the Illinois Supreme Court,
which ruled in 2003 that the use of a drug dog was improper because
police had no particular reason to suspect Caballes had drugs. But
the U.S. Supreme Court ruled that a dog sniffing the outside of a car
did not amount to an improper search.

The case was sent back to Illinois for further action, and Caballes
challenged his conviction again by arguing that the Illinois
Constitution's privacy protections are stronger than those in the
U.S. Constitution.

This time, the Illinois court upheld the search, although Justices
Charles Freeman, Mary Ann McMorrow and Thomas Kilbride dissented.

Freeman said he sees "several serious flaws" in the U.S. Supreme
Court ruling in the case, which should force the Illinois court to
reject the inspection of Caballes' car.

Caballes could face a 12-year prison sentence after eight years of
being free, said his attorney, Ralph Meczyk. He called the ruling
"truly an erosion of our Fourth Amendment rights."

Police could use minor traffic offenses as a pretext for inspections
by drug dogs, Meczyk said.

He also said that minorities, selected because of racial profiling,
could be the most common targets for inspections by drug-sniffing dogs.