FOURTH AMENDMENT [U.S. Constitution] - 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

The Supreme Court issued a victory for supporters of Fourth Amendment rights and a blow to law enforcement last week when it placed new limits on vehicle searches by police.  In a 5-4 decision, the high court put aside the 1981 opinion that gave police broad authority to search the vehicle of any person under arrest, whether or not the offense justified a search or a warrant had been obtained.

The case reviewed was that of Rodney Grant, a Tucson, Ariz., man who had been convicted on drug charges after police arrested him and found cocaine and a weapon in his parked vehicle.  The arrest was for the unrelated charge of driving with a suspended license, and the U.S. Supreme Court affirmed the decision of the Arizona Supreme Court that the search without a warrant was unreasonable.

The result of the ruling is that, unless there is a threat to the safety of law enforcement officers or bystanders, police must have a warrant or consent of the arrestee before searching a vehicle for items that are not in plain view.  An example given by Justice John Paul Stevens who spoke for the court explained that if an arrestee is handcuffed and in a patrol car, there is no danger that he (or she) can reach for a weapon hidden in his (or her) vehicle.

While some may suggest that anyone possessing illegal drugs or weapons should be arrested and charged, we must remember our Bill of Rights is designed to equally protect all of us, and that our criminal justice system is based on the concept of presumed innocence.  Perhaps the police will have to work harder to make an arrest, but the alternative is unthinkable.

If you are a victim of an unjustified search and seizure, contact our firm to learn more about your rights.  And remember, just as you have the right to legal counsel if arrested and charged with a crime, you also have the right to refuse to give consent to an unjustified search.  If asked for permission to search your vehicle, just say no.