Court Broadens Police Powers

OPINION VALIDATES LASALLE COUNTY OFFICERS' ATTEMPTS TO FIGHT ILLEGAL DRUGS WITH DOGS DURING A TRAFFIC STOP

WASHINGTON, D.C. - The U.S. Supreme Court gave police broader search powers
Monday during traffic stops, ruling 6-2 in a case out of LaSalle County
that drug-sniffing dogs can be used to check out motorists even if officers
have no reason to suspect they might be carrying narcotics.

"For years now, the officers in the field have utilized canines to combat
illegal drug activity. The Supreme Court opinion validates those officers'
attempts to combat illegal drugs," said Master Sgt. Rick Hector, an
Illinois State Police spokesman.

Illinois Attorney General Lisa Madigan, who argued the case Nov. 9, called
the decision a "critical victory for law enforcement."

"The use of canine units to help fight this battle is indispensable.
Although such units are used infrequently, their impact in terms of seizure
of drugs and drug money has been extremely significant," Madigan said.

But privacy rights advocates said the ruling would lead to far more traffic
stops as a way to find drugs. They also warned that the decision could open
the door to more expansive searches, from sniffs inside the vehicle to
checks of cars parked along sidewalks and pedestrians on the street.

Before Monday's ruling, the Supreme Court had authorized drug dogs
primarily to sniff luggage at airports.

"The use of dogs is intimidating," said Harvey Grossman, an attorney with
the American Civil Liberties Union in Chicago. "Thousands of motorists have
called complaining about suddenly finding their cars surrounded by
policemen and drug dogs. Now no one is safe from this major intrusion into
our lives."

The case stems from a 1998 LaSalle County traffic stop in which Illinois
State Trooper Dan Gillette pulled Roy I. Caballes over for speeding 6 miles
over the speed limit on Interstate 80. Although Caballes lawfully produced
his driver's license, troopers brought over a drug dog after Caballes
seemed nervous.

Police Bring In Dog

While Gillette was writing a citation, another trooper arrived with the dog.

The dog sniffed around the perimeter of Gillette's car and scratched at the
trunk, according to LaSalle County court documents. The officers searched
the trunk and found 280 pounds of marijuana.

Caballes, 36, of Las Vegas, who was traveling to Chicago, was charged and
convicted in LaSalle County court in 1999 of drug trafficking. He received
a 12-year prison sentence and was ordered to pay a $256,000 fine. The
conviction came despite his lawyers attempts to suppress the drug evidence
discovered by the police canine. Caballes remained out on bail during the
appeal process.

His defense argued Caballes' rights were violated because he was subjected
to an unreasonable search. "All the evidence was illegally obtained," wrote
his lawyer, Ralph E. Meczyk.

The ruling was upheld in appellate court, but in November 2003, the
Illinois Supreme Court ruled 4-to-3 in favor of Caballes. Supreme Court
Justice Thomas L. Kilbride wrote the defendant's request to suppress the
drug evidence in the trial should have been granted.

A Majority Opinion

Monday's decision reverses the state high court. Justice John Paul Stevens
wrote in the majority opinion, "A dog sniff conducted during a concededly
lawful traffic stop that reveals no information other than the location of
a substance that no individual has any right to possess does not violate
the Fourth Amendment," Stevens wrote.

In a dissent, Justice Ruth Bader Ginsburg bemoaned what she called the
broadening of police search powers, saying the use of drug dogs will make
routine traffic stops longer and more adversarial. She was joined in her
dissent by Justice David H. Souter.

At the time Caballes was charged and convicted, Michael T. James was
LaSalle County state's attorney.

The county's current state's attorney, Joe Hettel, could not be reached for
comment Monday. But before the high court's ruling, he had said a reversal
of the Illinois Supreme Court's ruling undoubtedly would reult in a more
efficient war on drugs.

"This case has completely changed the way we do drug interdiction in
LaSalle County and has hamstrung our efforts to stop drugs on the
interstate," he said.

"The amount of drug arrests has gone down exponentially because of this
case. We know there are a lot of drugs passing by us, and there is nothing
that we can do about it."