cannabisnews.com: Ruling on Searches is not Expected to Affect Ohio 





Ruling on Searches is not Expected to Affect Ohio 
Posted by FoM on January 16, 1999 at 08:12:57 PT

Ruling on searches is not expected to affect Ohio procedures. A recent U.S. Supreme Court ruling that limits how police search vehicles after routine traffic stops doesn't affect local law enforcement agencies, officials said.
In a unanimous decision this month, the high court overturned an Iowa law that permitted searches without suspicion of other wrongdoing. Police in Iowa searched a man's car on a stop for speeding and netted marijuana and a pipe.Local authorities say they adhere to a higher standard, which requires probable cause, consent or a search warrant, under Ohio law.Those requirements have been upheld by courts as constitutional, said Sgt. Gary Lewis of the State Highway Patrol's public affairs unit."It's not going to really change our operations for the Highway Patrol, based on our higher standard," he said.The ruling also has no bearing on how Columbus police conduct searches, said Kelly Castle, the division's legal adviser.Columbus officers must meet Ohio standards for searches, Castle said. Officers can search individuals after arrests and can conduct searches during "plain view" situations.An example of a "plain view" situation is when an officer stops a motorist during a routine traffic stop and spots cocaine or a gun on the seat. The officer can arrest the person, and a search can be conducted."You don't want to do things because you can, but you want to do things because you have reasonable suspicion of something," Castle said.Columbus officers have the right to "pat down" individuals if they believe someone is involved in illegal activity, she said."That's not the same as a full search," Castle said.Many officers probably were aware of the matter, Castle said, but she included commentary on the ruling in the division's newsletter.She believes the ruling helps law enforcement departments because it gives officers guidance to what courts think is reasonable."I think it illustrates where the court's collective head is at and where the climate is going with search and seizure," she said.The Supreme Court ruling confirmed what is practiced locally, said Franklin County Sheriff Jim Karnes.Deputies are reminded that they must tell motorists who have been stopped for traffic offenses that they have the right to leave after the citation has been issued, unless there are other circumstances.The ruling doesn't affect incidental searches that are made as a result of a car being impounded, Karnes said. Inventories on impounded vehicles are standard practice, so motorists cannot complain about missing personal items.The ruling also has no impact on weapon searches that are conducted within drivers' arms' reach, Karnes said. Such searches protect officers, he said.Grove City Police Chief James McKean asked the suburb's law director to compare its policy to the ruling to see if any changes are warranted, but he doubts any will be identified."Our officers operate on the premise that any search must be based upon probable cause, unless there are exigent circumstances," he said. "We do not routinely search vehicles."
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