Pubdate: Wed, 07 Feb 2001 Source: St. Paul Pioneer Press (MN) Copyright: 2001 St. Paul Pioneer Press Contact: 345 Cedar St., St. Paul, MN 55101 Website: http://www.pioneerplanet.com/ Forum: http://www.pioneerplanet.com/watercooler/ Author: Associated Press COURT UPHOLDS SEARCH OF PASSENGER'S BELONGINGS A driver's consent to search a vehicle justified the warrantless search of a passenger's belongings in the car, the state Supreme Court ruled Tuesday. The court's 4-3 decision was the first time it has addressed the issue, which the court noted in its decision has not been decided by the U.S. Supreme Court either. According to court records, Jennifer Matejka was one of several passengers in a van that was stopped by a state trooper for a traffic violation in 1997 in Portage County. The trooper obtained the driver's consent to search the van and ordered everyone out while he conducted the search. Matejka left her jacket behind, and the trooper eventually searched it, finding drug paraphernalia and marijuana. After her arrest, authorities searched Matejka and her belongings and found more drug paraphernalia, marijuana and LSD. Matejka was charged with two counts of misdemeanor drug possession. She made a motion arguing the warrantless search violated her Fourth Amendment rights against unreasonable searches and seizures. She said she had a reasonable expectation of privacy in the van and never gave police permission to search her jacket. The circuit court granted the motion. The court of appeals reversed the lower court, concluding that the driver's consent to the search of the van included Matejka's jacket. The Supreme Court's decision Tuesday upholding that decision allows into evidence the drugs and paraphernalia found during the search. Assistant Attorney General Jennifer Nashold, who handled the case for the state, said Tuesday's decision is a hybrid of other precedents established by the U.S. and state Supreme Courts. "This is a logical and reasonable application of those cases," Nashold said. Justice Ann Walsh Bradley dissented. She wrote the majority decision violates the Constitution's protection against unreasonable searches because there was no reason to believe the automobile contained evidence of a crime. "Employing an unprecedented and unconstitutional approach, the majority improperly expands a driver's authority to consent to the search of a passenger's personal property," Bradley wrote. She was joined in the dissent by Chief Justice Shirley Abrahamson and Justice William Bablitch. James Connell, Matejka's lawyer, said the decision further erodes individual privacy rights. "I think that most people would not consider that by accepting a ride in a car, they would be giving up their right to privacy or that they would be giving the driver of the car the right to consent to a search of their property," he said. Connell said he had not yet spoken to Matejka about appealing the case to the U.S. Supreme Court. The case has not yet gone to trial on the drug charges. - --- MAP posted-by: Terry Liittschwager