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Supreme
Court
Hears
Car
Search
Case
11/6/98
The Supreme Court heard arguments
this week (11/3) in the case of a Patrick Knowles, whose car was searched
by officers in Iowa, against his wishes, incident to a speeding ticket.
Officer Ronald Cook, who conducted the search, testified at trial that
other than speeding he had no reason to suspect Knowles of illegal activity.
The search, however, turned
up a pipe and a small amount of marijuana, and Knowles was arrested.
The Iowa Supreme Court found
that Iowa law allows for a search in any instance where the officer could
have made an arrest, and state law allows for an arrest in the case of
speeding. The US Supreme Court, however, ruled in 1973 that police
can search people upon arrest, citing a need to disarm the arrestee and
preserve evidence.
At argument, the Justices
seemed wary of allowing such a broad interpretation of the right to search.
At one point, Justice Scalia asked the attorney for the state of Iowa whether
an officer could stop someone, arrest them, search them and then release
them. When the attorney answered in the affirmative, Scalia responded
"Wow."
Justice Kennedy noted that
while an officer is permitted to conduct a search incident to an arrest,
"you want to turn it around and have an arrest incident to a search.
It seems to me that would be an abuse of authority."
A decision on the case is
not expected until early next year.
-- END --
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Issue #66, 11/6/98
SWEEP!!! | District of Columbia: Silencing the Voice of the Voters | Arizona: Restoring the Will of the Voters | Colorado: Ballot Status Uncertain, Voters Certain | Oregon Perspective | Report Finds Injection-Related AIDS Ravaging African American and Latino Communities -- Police Presence a Factor in Disease's Disproportionate Impact | Supreme Court Hears Car Search Case | DRCNet Launching StopTheDrugWar.org Web Site | DRCNet Launches New Activism Online Discussion Group | High School Honor Student Expelled for Sipping Sangria at Internship Party | Editorial: Message Sent | A Message from DRCNet to You
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