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Tuesday, December 10. 1996
UNIVERSITY DAILY KANSAN
Supreme Court to analyze search and seizure laws
By Michael Schneider The Associated Press
BALTMORE — It was a lazy summer's evening when Trooper David Hughes saw the white Nissan speed by.
The Maryland State Police officer pulled onto Interstate 95 and paced the car at nine miles above the speed limit before pulling it to the side of the road. After talking to the driver, he asked the front-seat passenger, Jerry Lee Wilson, to get out.
Hughes said Wilson opened the door and took one step; a packet of crack cocaine dropped to the ground.
The Supreme Court of the United States will hear arguments tomorrow on whether the trooper had the right to order Wilson out of the car. At issue is police safety vs. privacy rights — whether police officers can order passengers out of vehicles without specific suspicion.
The issue has attracted the attention of Attorney General Janet Reno, who will argue Maryland's case in her first appearance before the high court.
The Supreme Court ruled in 1977 that drivers stopped for routine traffic violations could be ordered out of their vehicles to protect officers from assault.
Maryland prosecutors said the ruling should extend to passengers.
"If he thinks there is a handgun in the car,
then the passenger is several feet away
from it," said Maryland Attorney General J. Joseph Curran, who is arguing the case with Reno. "If the officer has to wait until the gun is pulled, then it would be too late."
The National Association of Police Organizations, which supports Maryland in the case, said 445 police officers had been killed while enforcing traffic laws since 1977.
"Fulilling over an occupied motor vehicle constitutes one of the least predictable, and hence most potentially dangerous, of a police officer's routine duties." NAPO said in a friend-of-the-court brief.
Wilson, his cousin, Terrance MacNichol, who was driving, and a juvenile friend were returning to South Carolina from a visit with relatives in Connecticut when they were pulled over near Baltimore on June 8, 1994. Hughes said the car was traveling 64 mph in a 55-mph zone.
The car had no license plates and appeared to be rented, Trooper Hughes said. MacNichol continued for 1 1/2 miles after the cruiser's lights and siren were turned on.
After stopping, MacNichol immediately got out of the car to talk to Hughes.
The trooper saw the passengers ducking below the seat.
"Our trooper saw movement in the car. He was concerned that there might be something taking place that might cause harm," said David Mitchell, Maryland State
Wilson's attorneys disputed the account and said Wilson merely looked back at the trooper a couple of times. They also said Wilson did not initially refuse to get out of the car, as the trooper claims.
Police superintendent.
Wilson, 26, was charged with possessing 74.7 grams of cocaine with intent to distribute.
But a Baltimore judge later suppressed the drugs as evidence, ruling that Hughes shouldn't have ordered Wilson out of the car. A state appeals court upheld the ruling, and the state turned to the U.S. Supreme Court.
The cases of Wilson and MacNichol, who also were charged with possession, are on hold awaiting appeal.
Prosecutors argued the Constitution's Fourth Amendment entitled police to reasonable searches and seizure, and that passengers could be ordered out of cars if police suspected they were doing something illegal.
But Wilson's attorneys said an officer who demanded a passenger to leave a vehicle without any suspicion violated the passenger's right to privacy.
Meanwhile, Wilson, who worked at his father's floor-refurnishing business in Florence, S.C., has returned home. His attorneys have had little contact with him and don't know where he is.
Senate closes busy first session of year
By Spencer Duncan Kansan staff writer
With Student Senate's first session of the year finished, a brief back is in order.
Senate passed more than 50 pieces of legislation this semester.
"We have passed an amazing amount of legislation," Kevin Lafferty, SenEx chairman, told Senate. "This is more than any other Senate before us, we think."
The majority of the legislation dealt with dispersing money. Senate began the year with $63,606.16 in student money to give to registered campus organizations. Senate handed out slightly more than $40,000.
Jade Shopp, Senate treasurer, said that Senate had passed out a large amount of money.
"We have funded more groups than in the past," Shopp said. "It is a lot of money, but it is at a normal pace for Senate."
Of course, not all the legislation dealt with money.
Senate passed about 10 pieces of legislation dealing with direct rule changes. The most notable change altered the way Senate committee chairs were chosen. Instead of being elected by members of the committee at the beginning of each year, committee chairs now are chosen the year before by the outgoing committees. New committee members are no longer allowed to vote on their chairs.
Jason Angilan, graduate senator, opposed that change.
"I think that it takes away from the right of the current committee members to choose who they want to be their chair," Angilan said.
Senate also struggled with the International Council seat. When the Council disbanded, Senate gave the Council seat to the International Students Association. But Student Body President Grey Montgomery vetoed the change when the association did not want the seat. The seat reverted back to the council, which was re-created.
Jamie Johnson, student body vice president, said that the incident was an unusual one.
"It was just one of those things," Johnson said. "There was some miscommunication and some confusion, but everything worked out."
Nov. 20 was supposed to be Senate's last meeting of the semester, but Senate adjourned five hours into the meeting because not enough senators remained in attendance. Only 35 of 67 senators attended. Senate called an emergency meeting last week to complete unfinished business.
"We just need to be careful who we give money to," Ballolla said. "We sometimes give money out without asking enough questions."
The majority of senators were pleased with the semester. However, Girish Ballolla, graduate senator, said that Senate needed to be more funnel with its spending.
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