Justices take test of police power to stop

Juvenile Justice Digest, Apr 18, 2003

The Supreme Court agreed to decide how much authority police have to make an arrest after conducting a warrantless search during a routine traffic stop.

The central question is whether the 4th Amendment prevented an officer from arresting everyone in a car based on a search without a warrant.

"Countless times each day, officers make traffic stops and uncover contraband in multi-passenger situations," Maryland Attorney General Joseph Curran argued in a court filing.

"Police need the clarity of authority to know who may be arrested in such cases."

Twenty states had urged the court to hear the case to clarify conflicting interpretations in the circuits. The Supreme Court has never given definition to the issue, the states argued in a joint brief.

"The uncertainty generated by conflicting court decisions does not make the officers' already-difficult job any easier," Ohio Attorney General Jim Petro wrote on behalf of the 20 states siding with Maryland.

Police almost always need a warrant to search a residence without permission, but the Supreme Court has given officers broader powers when it comes to automobiles and public transportation.

The case comes from the 4th Circuit, which threw out a conviction on grounds that Maryland police exceeded their authority.

The circuit panel ruled the search violated the 4th Amendment and tainted a confession.

The case began with a routine a routine stop in the early morning hours.

After asking a few routine questions, the officer asked for permission to search. He found five small bags of cocaine concealed in the backseat armrest of a car.

In an expanded search, the officer later discovered $763 in the glove compartment. When the driver and two passengers denied any knowledge of the drugs or cash, the officer arrested them all.

Joseph Jermaine Pringle, the front seat passenger, later told police the drugs were his and that he had planned to swap them for sex or money at a party.

Pringle was convicted of drug charges and sentenced to 10 years in prison.

Inf.: Maryland v. Pringle, 02-809.