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Police car-search powers expanded by California court

by Los Angeles Times

SAN FRANCISCO - Police in California may search cars without a warrant if a driver fails to produce a license or registration, the state Supreme Court ruled yesterday.

The high court, in a 4-3 vote, sided in favor of law enforcement despite sharply worded dissents declaring that such searches violate the U.S. Constitution.

Justice Joyce Kennard suggested the ruling may have been motivated by the Sept. 11 attacks.

California courts previously have allowed police making routine traffic stops to search for licenses and registrations in glove
compartments and under visors. The decision yesterday approves searches under seats and elsewhere when there is no reason to believe a crime has been committed, lawyers said.

The majority, in an opinion written by Chief Justice Ronald George, reasoned that police can look for documents to determine the identity of the driver and the owner of the vehicle. The ruling upheld two searches in which drugs were found under seats.