Pubdate: Wed, 03 Dec 2003
Source: Macon Telegraph (GA)
Copyright: 2003 The Macon Telegraph Publishing Company
Contact:  http://www.macontelegraph.com/
Details: http://www.mapinc.org/media/667

POLICE MUST FOLLOW THE LAW

The 11th U.S. Circuit Court of Appeals in Atlanta was dead on the mark in 
its ruling last week that a deputy sheriff in South Georgia acted illegally 
when he detained and searched a motorist's car after a traffic stop and 
found illegal drugs.

The three-judge panel unanimously ruled that the deputy violated Jody James 
Boyce's Fourth Amendment rights against unreasonable search and seizure 
when he detained Boyce's car until a a drug-sniffing dog could be brought 
to the scene. This was after Brody refused the officer's request to permit 
a search of his car.

Boyce, who pleaded guilty last July to a charge of possession with intent 
to distribute drugs and was sentenced to 12 years in prison, had entered 
the plea conditionally while maintaining the search was illegal. While he 
could be retried, prosecutors cannot present the drugs as evidence, which 
essentially leaves them with no case to prosecute.

That police must adhere to the rules of law far outweighs the fact that a 
person who possessed illegal drugs will go free. In this instance, the 
judges concluded that Deputy David Edwards, who pulled Boyce over on 
Interstate 95 after he observed him driving under the speed limit and 
weaving, had no legitimate reason to justify an involuntary search of the 
Boyce's car. Boyce explained that he had been driving 13 hours and was 
tired, and a check of his driver's license did not indicate that he was 
wanted by any police authorities. There were no drugs in view.

The judges' panel concluded the only reason Edwards detained Boyce's car 
was that Boyce refused to permit a voluntary search of his vehicle.

This is any citizen's right. Absent real evidence that a motorist may be 
carrying contraband drugs, a police officer cannot legally hold a vehicle 
or prolong detention to permit a search simply because the motorist doesn't 
voluntarily agree to a search.

Yes, it is unfortunate that a dealer in illegal drugs will go free. But 
when it becomes a question of which is more important, our rights under the 
Constitution or allowing an officer to break the rules, the answer is a 
no-brainer.
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MAP posted-by: Beth Wehrman