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"U.S. Supreme Court Broadens Police Search Authority"

"U.S. Supreme Court Broadens Police Search Authority:

Justices Rule 6-2 that Dogs Can Sniff Cars at Traffic Stops"

Hope Yen, Associated Press

WASHINGTON — The Supreme Court ruled Monday that police can have dogs check out motorists' vehicles for drugs even if officers have no reason to suspect illegal activity.


The 6-2 opinion, written by Justice John Paul Stevens, stipulates police dogs may sniff only the outside of a car after a motorist is lawfully stopped for a traffic violation.

But privacy rights advocates said the ruling would lead to far more traffic stops as a way to find drugs.Before Monday's ruling, the Supreme Court had authorized drug dogs to sniff luggage at airports.

Illinois Attorney General Lisa Madigan, who argued the case, said, "The use of canine units to help fight this battle is indispensable."

The case involves Roy Caballes, who was stopped by Illinois police in 1998 for driving 6 mph over the speed limit. Although Caballes lawfully produced his driver's license, troopers brought over a drug dog after noticing air freshener in the car and noting Caballes appeared nervous.

The dog indicated drugs were in the trunk, and police searched it even though Caballes refused to give permission. They found $250,000 worth of marijuana, and Caballes was convicted of drug trafficking.

The verdict was thrown out by the Illinois Supreme Court, which ruled the search was improper because police had no particular reason to suspect Caballes had drugs.

In his opinion, Stevens reversed the state court ruling, saying the intrusion into Caballes' privacy was too minimal to invoke constitutional protection.