Supreme Court ruling changes police search procedure
Police must obtain a warrant to search a vehicle.
Published April 27, 2009
A new ruling from the U.S. Supreme Court last week will force Missouri police officers to change the way they conduct searches.
The ruling requires all police officials to obtain a search warrant to investigate the vehicle of an arrested person if there isn't any present threat to officers.
Missouri State Highway Patrol Lt. Vernon Dougan said he doesn't think the ruling will change much.
"It may change some procedures as far as search and seizure on traffic stops, however I don't know if it's going to have a great influence on the way we conduct procedures," Dougan said.
Nearly two decades ago, the Supreme Court allowed searches to be conducted without a warrant. Vehicular searches could not only provide evidence that led to an arrest, but also helped lead police to evidence of other crimes that have been committed, Boone County Sheriff's Department Maj. Tom Reddin said.
"This is going to have far broader reaching consequences than what the Supreme Court had thought at the time when they made this ruling," Reddin said.
The Boone County prosecuting attorney said he will speak with local officers after he conducts further review, Dougan said.
The Missouri State Highway Patrol has already sent out a new training manual to inform law enforcement officials.
"The Missouri State Highway Patrol's legal counsel, training division and research and development division are currently reviewing the recent Supreme Court decision," Missouri State Highway patrol Lt. John Hotz said. "They are working on a legal bulletin to be distributed to patrol members. Once distributed, the legal bulletin will outline any changes to Patrol policies and procedures. All patrol personnel have been notified of the decision."
Reddin said the Boone County Sheriff's Department will also be reviewing the decision.
"We're going to receive guidance from the prosecuting attorney and the attorney general on how to proceed in course of conduct, traffic stops and inventory searches," Reddin said.