Police Can Now Search Passengers Belongings in Vehicles Without Cause
The US Supreme Court ruled on Monday April 5th that Law Enforcement Officers can legally search the belongings of passengers in a vehicle in cases where there is probable cause to search the driver, even if the passenger is under no suspicion.
"Passengers, no less than drivers, possess a reduced expectation of privacy with regard to the property they transport in cars," US Supreme Court Justice Anthony Scalia commented.
The case overturned an earlier decision by the Wyoming State Supreme Court, which ruled that the searching of the belongings of a passenger in a car without probable cause was unconstitutional. Specifically, the Wyoming Court held that a closed package belonging to a passenger could not be included in a general vehicle search if there was no reason to suspect that the container concealed any evidence.
The closed container in the case was passenger Sandra Houghtons purse. The driver admitted to using a syringe to inject drugs after Police viewed a syringe in his pocket. At the time, the passenger was under no suspicion, though the search of her purse later turned up methamphetamine and drug paraphernalia.
This new court ruling means that passengers and their effects riding in a car suspected to contain drugs can now be legally searched by Law Enforcement officers, even if the passengers themselves are under no suspicion.
Taken fromKathleen Lisson's site on Criminal Justice. For further articles visit http://members.aol.com/katnkevin/crime.html