This recent USSC ruling was terrific, but the three dissenting justices really illustrate the difference between conservatives and libertarians. And, much as I detest Janet Reno and her cohorts, Ashcrofts nomination troubles me as well.
lp.org
Libertarian wins Supreme Court case
On 6-3 vote, high court strikes down drug-search roadblocks
An Indiana Libertarian Party member has won a Supreme Court decision striking down random drug-search roadblocks.
On November 28, the nation's highest court ruled 6-3 that such police checkpoints infringe on the Fourth Amendment's protection against unreasonable search, and violate motorists' privacy.
The ruling was a defeat for the city of Indianapolis, which had used police and drug-sniffing dogs at random checkpoints to search motorists for illegal drugs -- and a victory for LP member Joell Palmer, who was a plaintiff in the case.
"I am pleased that I won," said Palmer. "But it should have been 9-0. [All] the Justices should see that [a random roadblock] directly goes against the Constitution."
Palmer, 21, was one of 1,161 drivers stopped in Indianapolis between August and November 1998 after police set up "narcotic checkpoints" in various locations. Although he specifically refused to allow it, Palmer's car was searched by police dogs.
Palmer speculated that the police stopped him "because I had a targeted 'Pot User' car -- a '79 Black Trans Am -- and long hair." No drugs were found in the search.
With the help of the Indiana Civil Liberties Union, Palmer filed a class action lawsuit soon afterwards to "stand up to something that I know is wrong," he said.
He charged the Indianapolis police with violating his Fourth Amendment right to be free from unreasonable searches.
Palmer and co-plaintiff James Edmond, a fellow Indiana resident, first lost inU.S. District Court, won in the Seventh Circuit Court of Appeals -- and won the ultimate legal victory when the high court ruled in their favor.
In its decision, the Supreme Court said drug-search roadblocks are fundamentally different than checkpoints to find drunk drivers or illegal aliens, which it has previously held to be legal.
"We have never approved a checkpoint program whose primary purpose was to detect evidence of ordinary criminal wrongdoing," wrote Justice Sandra Day O'Connor in a 15-page majority decision. "We cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime."
If the court allowed such roadblocks, "the Fourth Amendment would do little to prevent such intrusions from becoming a routine part of American life," she wrote.
O'Connor was joined in the majority by Justices John Paul Stevens, Anthony Kennedy, David Souter, Ruth Bader Ginsburg, and Stephen Breyer.
Dissenting were Chief Justice William Rehnquist and Justices Antonin Scalia and Clarence Thomas.
The ruling was called "an important victory for advocates of civil liberties," by the Reuters news service, and "welcome news to anyone who values his privacy and freedom," by syndicated columnist Jacob Sullum.
The case was Indianapolis vs. Edmond.
Palmer, who works an evening job, said he heard about the ruling at 11:00 am when a reporter from the Indianapolis Star called him.
At first, he said, "I was still in a daze" -- but then was "really happy" because the legal victory "shows that you can stand up against big government and still win. It shows that people are actually standing up and saying 'No!' "
That same day, Palmer said he was contacted by the Wall Street Journal, USA Today, Fox, ABC, NBC, and CBS to get his reaction to the ruling.
Palmer was the Libertarian Party candidate for the Indiana House of Representatives (District 91) in November.
"This is a big day for Libertarians everywhere," said Indiana LP Executive Director Brad Klopfenstein. "Freedom has won out over oppression for a change.
"We are all very proud of Joell. It takes a lot of guts to stand up for what is right, especially when the police have you pinned against your car with a dog ready to come after you."
Palmer's victory makes Libertarian Party members three-for-three in Supreme Court cases over the past four years.
In 1997, LP member Walker Chandler was the winning attorney in a case involving drug testing for political candidates in Georgia. The Supreme Court overturned the law.
And, in 2000, LP member Gail Lightfoot was a co-plaintiff in a case that led the Supreme Court to overturn California's "blanket primary" law. |
