ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Thursday, February 20, 1997 TAG: 9702210041
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO WHAT'S ON YOUR
SOURCE: RAY REED
Q: Police recently had a roadblock on the 10th Street bridge and were checking driver's licenses. They searched two cars, looking through the trunks. What are a citizen's rights in this situation?
B.S., Roanoke
A: Drivers can politely refuse to unlock their trunks for police in most circumstances, unless the officers have a search warrant.
It's not an easy decision to make, though; being questioned at a police checkpoint can be an intimidating situation, and most people do whatever police ask.
The legal requirements police must meet at traffic checkpoints and in searching vehicles seem to be constantly rewritten by the courts.
One notable case occurred in 1994 when Roanoke County police put a flashing sign on Interstate 81 warning motorists there was a "drug checkpoint ahead." But police checked only the drivers who pulled off at the Dixie Caverns exit after passing the sign.
They stopped 107 cars; all but two drivers permitted a search. The two who refused were allowed to go on their way.
Four people were arrested for small amounts of marijuana. One appealed her conviction; it was overturned by a Roanoke Valley judge who said police used selective enforcement in checking only the drivers who got off at the exit.
The Supreme Court tackles a new aspect of vehicle searches every two or three years, and lawyers, prosecutors and other legal professionals often disagree on what the rulings mean.
For example, the Supreme Court ruled just Wednesday that police can order all passengers - not just the driver - out of vehicles stopped for routine traffic offenses.
In a nutshell, recent court rulings have said police can conduct a traffic checkpoint if they plan its purpose and their methods in advance and treat every motorist the same.
That means they don't let certain vehicles or drivers pass unchecked while stopping others who may fit a predetermined profile.
Drivers are obliged to show their license and registration and answer specific questions.
At the checkpoint you observed, arrests had resulted from the license check, and the two cars were being impounded. They had to be searched for valuables or contraband before towing.
As a routine, when police complete the purpose of a traffic stop - for sobriety, perhaps - and no violation has been found, the driver is free to go.
That's where things can get sticky.
In some cases that have reached appellate courts, police have returned a license and then asked the driver, "By the way, you're not carrying any drugs or contraband, are you? Do you mind if I search your vehicle?"
The driver has the right to refuse.
Searches also can be conducted when an officer has "probable cause" to believe a vehicle's occupant has committed a crime.
If evidence of a crime is in plain view - if the officer can look through the window and see drugs, or if the driver attempts to escape, to use obvious examples - police are entitled to search the passenger compartment and any containers in it after arresting the person.
Probable cause is the most legally nebulous part of search-and-seizure law. The rules change continually as new court rulings come down.
Got a question about something that might affect other people, too? Something you've come across and wondered about? Maybe we can find the answer. Call us at 981-3118. Or, e-mail RAYR@Roanoke.com
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