WASHINGTON - The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers.

The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect, particularly when the alleged offense is nothing more serious than a traffic violation.

Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest.

"When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant," Stevens said.

Justice Samuel Alito, in dissent, complained that the decision upsets police practice that has developed since the court, 28 years ago, first authorized warrantless searches of cars immediately following an arrest.

"There are cases in which it is unclear whether an arrestee could retrieve a weapon or evidence," Alito said.

Even more confusing, he said, is asking police to determine whether the vehicle contains evidence of a crime. "What this rule permits in a variety of situations is entirely unclear," Alito said.

Stevens conceded that police academies teach the more permissive practice and that law enforcement officers have relied on it. Yet, he said, "Countless individuals guilty of nothing more serious than a traffic violation have had their constitutional right to the security of their private effects violated as a result."

Big impact on traffic arrests

Fordham University law professor Dan Capra said the ruling "will have a major impact when the driver is arrested for a traffic offense." When police have probable cause to arrest someone for drug crimes, Capra said, they ordinarily will be able to search a car in pursuit of illegal drugs and drug paraphernalia.

Prosecutors and police instructors were generally disappointed with the decision.

Tom Hammarstrom, executive director of the Arizona Peace Officer Standards and Training Board, said training for law officers would be adjusted to conform to the high court's ruling.

Devallis Rutledge, special counsel to the Los Angeles County district attorney, said he was working on formulating advice for prosecutors on how to apply the court's decision.

more at http://www.msnbc.msn.com/id/30328976/

so this means that in small town usa towns cops cant shearch your car for not putting a turn signal on??

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From what I understand it means they cannot search your vehicle after you are arrested. For example, you get pulled over and have an outstanding traffic warrant and they arrest you they can no longer search your car simply because you are under arrest.

Sweet.

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OMG, don't you see all the potential loophole in this - and towards the kop's favor!

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how is there a potential loop-hole

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Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest.
to me this is a lop hole they will claim its linked to crime regardless but at least rulling go for our favor

Good point, but its definitely a step in the right direction.

so does this mean, they can only search the car if you are standing next to them? or does it mean that they can only search the areas of an arms reach from the passenger/driver

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