Date:         Tue, 8 Dec 1998 12:06:35 -0800
Reply-To:     Steve <sxs@CONCENTRIC.NET>
Sender:       Vanagon Mailing List <vanagon@vanagon.com>
From:         Steve <sxs@CONCENTRIC.NET>
Subject:      Traffic Searches
Comments: To: Vanagon@VANAGON.COM
Content-Type: text/plain; charset=us-ascii

Below is news of the Supreme Court's decision on the
traffic-stop searches.  This decision is significant because
it was a unanimous decision by a court best know for the
gross extent to which  it has cut back 4th amendment
protections.  They draw the line at searching a vehicle
without probable cause that a crime is/was committed.  So,
decline that officer's request to search your vehicle.  The
supreme court has just unanimously re-affirmed your
constitutional right to do so.

WASHINGTON, Dec. 8 (UPI) In a major decision that will
affect
how police and the public interact, the Supreme Court has
ruled that a mere traffic stop and the issuance of a ticket
do not
justify the search of a car or driver. The unanimous
decision reverses
a ruling by an Iowa court that allowed such a search.

A 1973 Supreme Court decision, United States vs. Robinson,
established a "bright line rule" for the right of police to
search a
driver or vehicle when in the officer's judgment the search
is
needed to disarm a driver or preserve evidence.


But Chief Justice William Rehnquist said today: "Here we are

asked to extend that 'bright line rule' to a situation where
the
concern for officer safety is not present to the same extent
and the
concern for destruction or loss of property is not present
at all.
We decline to do so."

Iowa, supported by a national police organization, earlier
told the
Supreme Court that for safety's sake an officer must be able
to
search drivers and their vehicles, even if the officer is
just issuing a
ticket instead of making an arrest.