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CCLA URGES TOP COURT TO SET LIMITS ON POLICE SEARCH POWER

 

Should police be able to search a vehicle just because it happens to be in the same location as a possible crime? CCLA Special Counsel Jonathan Lisus and Christopher Wayland told the Supreme Court that there need to be limits on such police power to search.

The case dealt with a police roadblock and search. An eyewitness called the police from a payphone to report suspicious activity, including the presence of guns, in a parking lot. The caller gave very specific information about the make and models of the cars. The police arrived within minutes and set up roadblocks at the two entrances of the parking lot. The police later admitted that it was their intention to search every vehicle as it exited the parking lot.

Acknowledging the acceptability of a roadblock in certain situations, Lisus and Wayland argued that a power to search required more. If, in the course of questioning the occupants of the intercepted vehicles, the police develop a reasonable basis for a search, only then, according to CCLA, may they do so. A decision is expected in 2007.



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