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Source: Beloit News: click here.

Supreme Court case reduces police's ability to search cars
By Ashley Rhodebeck
arhodebeck@beloitdailynews.com

Published: Friday, April 24, 2009 11:41 AM CDT

Stateline Area police - along with law enforcement officers nationwide - are adapting their practices to adhere to a recent U.S. Supreme Court ruling that limits authorities' power to search someone's vehicle immediately after an arrest.

In a 5-4 decision, the court ruled Tuesday that police need a warrant to search an automobile if the person is locked in a patrol cruiser and poses no safety threat to officers, according to the Associated Press.

Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest.

For example, Roscoe Police Chief Jamie Evans said, if she were to pull a motorist over and could smell marijuana, she would have probable cause to conduct a search. Towed vehicles also could be searched.

“I'm not going to say that it's going to impact us greatly because a lot of times we do have the probable cause,” she said.

Beloit Police Chief Sam Lathrop said the court's decision “has definitely taken a turn away from what was common law enforcement practice” and has changed law enforcement's perspective on search incident to arrest.

Police have the right to conduct an immediate search of the area, whether it is a home or vehicle, when taking someone into custody, Lathrop said. It is a normal and common procedure.

“It's a basic tenant of officer safety,” he said. “We're not necessarily looking for additional evidence.”

But, he added, the ruling will mean police may sometimes not find more evidence when they would before.

Justice Samuel Alito, in dissent, complained that the decision upsets police practice that has developed since the court, 28 years ago, first authorized warrantless searches of cars immediately following an arrest.

“There are cases in which it is unclear whether an arrestee could retrieve a weapon or evidence,” Alito said.

Even more confusing, he said, is asking police to determine whether the vehicle contains evidence of a crime. “What this rule permits in a variety of situations is entirely unclear,” Alito said.

The Wisconsin Office of the Attorney General has issued a synopsis and review of the case and what it means for police in the state, Lathrop said. He noted his department is reviewing the ruling.

“It's important we bring our officers up to speed on this most recent ruling,” he said.

(snip) Continues at: click here.