Features

State Supreme Court grants warrantless searches of vehicles

By David Kravets, The Associated Press
Friday January 25, 2002

SAN FRANCISCO — A divided California Supreme Court ruled Thursday that law enforcement authorities may conduct warrantless searches on motorists who do not possess identification or proof they own the vehicle. 

Ruling 4-3 on two cases, the justices said authorities could search vehicles for such documentation “within a vehicle where such documentation reasonably may be expected to be found.” 

The decision expands earlier rulings that clearly stated authorities were allowed to search a car’s sun visor and glove compartment for those papers without a warrant. 

But Thursday’s decision written by Chief Justice Ronald M. George sanctioned authorities to look under the seats, into door pockets or other areas on the vehicle’s console, legal experts said. 

Even so, the court stopped short of granting authorities carte blanche powers to search anywhere in a vehicle. And the decision affects only motorists stopped for traffic infractions, the court noted. 

George wrote that the ruling does not “condone the equivalent of the full-scale search for contraband.” 

The decision upheld the convictions of two different motorists. They were stopped for traffic infractions, could not produce proper identification and were found to be concealing drugs in their vehicles. 

The U.S. Supreme Court already has ruled that motorists pulled over on an officer’s reasonable suspicion that a crime was committed may be searched without consent. 

But lawyers for the two defendants in the California cases said the nation’s highest court has not delved into the specific issue presented in those cases and are considering asking the U.S. Supreme Court to review the outcome. 

Justices Joyce L. Kennard and Janice Rogers Brown wrote that the decision was an affront to motorists’ expectations to be free from unreasonable searches and “chips away at one of the fundamental freedoms guaranteed by our federal Constitution.” 

The cases are In re Arturo D, S085213 and People v. Hinger, S085218.