An Iowa law allowing police to conduct blanket searches of motorists and their vehicles after citing them for minor traffic violations is unconstitutional, the Supreme Court ruled Tuesday.
“This decision demonstrates, thankfully, that there are still limits regarding law enforcement’s power to conduct a non-consensual, warrantless search,” said NORML Executive Director R. Keith Stroup, Esq.
In a unanimous decision, the Court found that Iowa police violated the Fourth Amendment when they arbitrarily searched a motorist’s vehicle after citing him for speeding. Writing for the Court, Chief Justice William Rehnquist said the search was not necessary to ensure officer safety or prevent the destruction of evidence. Past courts have allowed blanket searches only when such conditions apply and the suspect has been placed under arrest.
By striking down the statute, the Court overturned the conviction of an Iowa man found in possession of marijuana during a traffic stop. Police searched the defendant’s car without consent or probable cause after citing him for speeding.
For more information, please contact either Keith Stroup of NORML @ (202) 483-5500 or NORML Foundation Litigation Director Tanya Kangas @ (202) 483-8751.