High court ruling could change drug search procedures

A U.S. Supreme Court decision issued this week could have considerable consequences when it comes to drug searches and seizures following traffic stops, local authorities say.

On Tuesday, the Court's ruling in Arizona v. Gant overturned a case where a man was stopped and arrested for driving with a suspended license.

Police searched Rodney Gant's car while he was handcuffed in the back of a patrol vehicle, and discovered cocaine in the pocket of a jacket on the backseat, according to the 18-page opinion.

Cape Girardeau County Prosecuting Attorney Morley Swingle said the ruling rejects the broad application of another case that has served as precedent in these types of searches for the past 28 years: New York v. Belton, taught at nearly every law enforcement academy in the country.

Under the old ruling, police were able to thoroughly search all parts of a car after making an arrest, regardless of what the arrest was for.

Now they may only do so if the person is within proximity to the passenger compartment at the time of the search, or if there are reasonable grounds to think evidence of the offense they're suspected of committing may be in the vehicle.

"It's going to tie our hands a little more," said Kevin Glaser, director of the Southeast Missouri Drug Task Force.

As a general rule, Glaser says he teaches officers to look beyond the initial traffic offense, such as speeding or driving while revoked. Under the old ruling, those stops could lead to drug arrests.

Now, without consent of the driver or towing the vehicle and doing an inventory search, police may be more hampered when it comes to those types of searches, Glaser said.

"I can certainly see some contraband going down the road," Glaser said.

Swingle called Tuesday's ruling "probably the worst search and seizure decision in the last decade," saying it will ultimately result in fewer drug seizures made on the interstate.

Narcotics officers will typically use traffic offenses to conduct drug searches because it allows them to stop a vehicle on the interstate, where a lot of trafficking occurs, said Tom Beardslee, chief deputy of the Scott County Sheriff's Department.

Any drugs or contraband taken during those searches would be inadmissible in court, meaning drug cases pending in prosectors' offices across the country may be tossed, Swingle said.

"I haven't counted how many are pending in our office, but I'm sure there are a few," Swingle said.

Cape Girardeau defense lawyer Al Lowes called the ruling a "step in the right direction," saying it will affect a significant number of drug searches resulting from vehicle stops.

Allowing police to search a vehicle when someone has been arrested for something like having a taillight out raises serious civil rights issues, Lowes said.

"People should be obeying the law, but on the other hand, we have a constitution," Lowes said.

Previously, police were given "virtually unlimited ability" to conduct vehicle searches, said Missouri University School of Law professor Rodney Uphoff, who teaches criminal procedure.

"Many law scholars thought it provided too much police discretion," Uphoff said.

The ruling does not affect probable cause, meaning police will still have the ability to search a vehicle if evidence suggests there are drugs in the car.

The use of drug dogs may increase for that reason, Uphoff said.

Beardslee, who teaches constitutional law for the Missouri Sheriff's Association Training Academy, said the ruling changes the way Fourth Amemendment issues will be taught.

"I suspect defense attorneys are doing a dance over this one," Beardslee said.

bdicosmo@semissourian.com

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