Supreme Court Decision on Warrantless Car Searches Changes Way Cops Can Search Cars
The AP is reporting that the Supreme Court has issued a ruling on “warrantless” vehicle searches, that if a person is arrested during a vehicle stop and placed into a patrol car and doesn’t pose a “safety risk”, the cops have to get a warrant.
The ruling limits cops from searching a vehicle but the new limits are somewhat murky:
A cop can search if the car’s passenger compartment is ‘within’ reach of a suspect who has been removed from the vehicle, or, if the cops have reasons to assume evidence of the crime that led to the arrest can be located in the car.
Authorized warrantless searches were legalized by a Supreme Court decision made 28 years ago after the Court heard United States vs Ross. That court looked at the issue of whether a warrant was required before the authorities could search “closed containers” within a vehicle including the trunk.
The 1981 Supreme Court case stemmed from the Washington D.C. arrest of Albert Ross, known as the “Bandit”, for possession of heroin. Ross was busted after an informant told police Ross was selling from car parked at a certain location. The cops located the car and arrested Ross, then searched his car without a warrant where they found paper bags filled with white powder in trunk, later determined to be heroin. Ross’ car was further searched without a warrant after the vehicle was impounded, where the authorities discovered a zippered leather pouch containing cash. Ross was convicted of possession of heroin with the intent to distribute. An appeals court ruled that the officers had violated the Fourth Amendment, that while the cops had probable cause to stop and search Ross’ car they didn’t have the right to open the paper bag or zippered pouch without a warrant. The Supreme Court disagreed, ruling that since the cops had probable cause to search the vehicle that this extended to everything in the car, including “closed containers”.
The subsequent case which Supreme Court ruled on today limiting warrantless searches was Arizona vs Gant. The case stemmed from the 1999 arrest of Rodney Gant in Tucson, Arizona whose vehicle was searched after Gant was arrested for a suspended license. Police had gone to Gant’s home in search of drugs and to arrest him for failure to appear in court. Gant was arrested after he pulled into his driveway where his car was searched without a warrant.
Officers, during the warrantless search, found a gun and cocaine. Gant was convicted of drugs and drug paraphernalia. In a pre-trial motion, Gant argued that the warrantless search violated his Fourth Amendment right of illegal search and seizure because he was arrested and placed in a patrol car for an unrelated charge and that neither the officer’s safety nor the integrity of the evidence was imperiled. The judge denied Gant’s motion. The Arizona Supreme Court reversed the judges’ decision and the case headed to the Supreme Court based on the question of whether the cops could voluntarily search someone’s car who had left it voluntarily. In 2003, without issuing a ruling the Supreme Court sent the case back for “further consideration” due to another Arizona case, State vs Dean. In 2004, the Supreme Court ruled on another case, Thorton vs U.S., where the court ruled that the cops could search a car if the person left his vehicle voluntarily.
Today the Supreme Court ruled that cops didn’t have the authority to search a vehicle without a warrant if the arrested person was “locked” up in a patrol and no threat to the safety of the officer. The court ruled that warrantless searches can be conducted if a “suspect”, who has been removed from a car, is still “in reach” of a car’s passenger compartment, or, if there is reason to believe there is evidence that can found of the crime that led to a arrest.
The ruling gives attorneys cause to cheer as it will take our learned law friends to explain this murky ruling. It also gives rise to the speculation that the cops will think twice before putting anyone who is has been arrested after a vehicle stop in their patrol cars which would then would force the authorities to get a warrant before they can search the vehicle.
By LBG
Image – Firehouse.com – Police search vehicle
