STATE HIGH COURT NARROWS FOURTH AMENDMENT RIGHTS

SAN FRANCISCO -- In a decision narrowing Fourth Amendment rights against
unreasonable search and seizure, the California Supreme Court upheld the
arrest of a bicyclist who did not have identification when he was pulled
over for pedaling in the wrong direction on a one-way street.

The justices, ruling 6-1 Monday, also said the methamphetamine an officer
found on the Los Angeles County bicyclist after the arrest could be used
against him in court. Conrad McKay was sentenced to nearly three years for
the drug charge after being stopped for a California vehicle code
infraction punishable by a $100 fine.

The high court followed a U.S. Supreme Court decision in April that
validated a Texas motorist's arrest for not being buckled up -- a 5-4
ruling saying police can arrest and handcuff people for minor traffic offenses.

Monday's decision, the second this year from the California justices
limiting the Fourth Amendment rights of motorists or bicyclists to be free
from unreasonable search and seizure, upheld a 1959 law allowing officers
to arrest and search vehicle-code offenders who do not have identification.

McKay's lawyer, Richard L. Fitzer of Los Angeles, said the decision "is
probably the price we're paying for 9-11."

The justices said McKay could have been arrested or searched had he
committed a minor traffic infraction while he was driving a car because
driving and bicycling are subject to "the same rules of the road."

The court, however, left it to the "judgment of the arresting officer" on
whether to arrest or follow a "cite-and-release procedure" whereby the
violator is ticketed and released.

In a lone dissent, Justice Janice Rogers Brown argued that the decision
gives police too much power by granting officers the right to focus on
minorities.

The 34-year-old McKay, who is white, has served his sentence. Police found
the drugs in one of his socks. He could not be located Monday for comment.

Monday's decision is the second time this year California's justices have
granted law enforcement authorities broad search-and-seizure powers.

In January, the justices ruled 4-3 that officers may conduct warrantless
searches on motorists who do not possess identification or proof they own
the vehicle, even if they are not arrested.