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California high court allows police to search some areas of cars without a warrant

The Associated Press

SAN FRANCISCO (AP) A divided California Supreme Court ruled that police may search a car without a warrant if the driver does not produce proper identification or proof of ownership. Ruling 4-3 in two cases, the justices said Thursday that law enforcement officers could search "within a vehicle where such documentation reasonably may be expected to be found."

The court upheld the convictions of two motorists who were stopped for traffic violations and were found to be concealing drugs in their cars. Neither motorist could produce identification at the time.

The decision expands earlier rulings that allowed authorities to search a car's sun visor and glove compartment without a warrant. Legal experts said Thursday's decision would sanction police to look under seats and into door pockets, as well.

But the justices said they stopped short of giving authorities carte blanche to search anywhere in a vehicle, such as the trunk. The ruling does not "condone the equivalent of the full-scale search for contraband," Chief Justice Ronald M. George wrote.

The U.S. Supreme Court has ruled that motorists who are pulled over on an officer's reasonable suspicion that a crime was committed not just a traffic violation may be searched without consent.

In 1998, the court said Iowa authorities could not search a vehicle after a routine traffic stop without probable cause of a more serious crime. But that case differed from Thursday's because the Iowa motorist had a driver's license and registration.

California Justices Joyce L. Kennard and Janice Rogers Brown wrote in a dissenting opinion that Thursday's 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."

Lawyers for the two defendants said they are considering asking the U.S. Supreme Court to review the case.

California Deputy Attorney General Llanna R. Butler said motorists should carry proper identification.

"If you provide an officer with documentation, you have no worries," she said. "The officer will cite you and you can be on your way."

-- Anonymous, January 25, 2002

Answers

The AG has a point. Motorists are required to have current and correct documentation. If not, the cops have no idea if the car is stolen and not reported yet, or whether they are dealing with a terrorist or not.

Everyone make sure you have correct documentation in the car. Take your vehicle registration and your license and photocopy them together on one page [if they fit] and keep the copy in the car in a different place than the original.

Also, keep copies in the house in case the car disapears from your driveway. Then you have the tag number and everything.

Oh yeah, copy the insurance policy too. You may have just a card to carry in the wallet, but having a copy of the policy might help in case of accident.

We have copies in both cars of both cars. In case we are in one and hear the other is stolen, we can do what we need to do without going all the way home to find it in the file cabinet. Also allows you to stop at an office store or mail center and fax it if necessary.

-- Anonymous, January 25, 2002