Forfeiture Endangers American Rights

Forfeiture Publications


Newsclipping summary:

"Court to Review Vehicle Searches"

FEAR-List Bulletin posted by Mike Gogulski, 3/23/98


summary of article by Michael Kirkland, 3/23/98

The UPI reported on 3/23/98 that the U.S. Supreme Court has agreed to hear argument next term on "whether police officers may search an entire vehicle when its driver has been stopped for an alleged traffic or equipment violation."

The petitioner in that case, Patrick Knowles, was pulled over during a traffic stop in Newton, Iowa in March 1996. The police radio check showed Knowles' license was valid and that he had no pending warrants, but cited him for speeding. The officer then searched Knowles car, finding marijuana and a pipe.

Knowles filed a motion to suppress the marijuana and pipe. The officer conceded at the hearing that he had no probable cause to search Knowles or his car. The court denied the motion. Knowles convicted of possession of marijuana and keeping the drug in a vehicle and sentenced to 90 days on each charge.

The Iowa Supreme Court, in a 5-4 vote, affirmed the judge's decision, citing Iowa's law allowing a vehicle search after a traffic stop.

The case is Supreme Court Case No. 75-97, Knowles vs. Iowa.