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HomeMy WebLinkAbout11-10-1998 ArticlesION http.O/ WW_Mowa.e[1a:8U/-ai}'Iowan Iasum a i iumi3 numos n n,v., luau -Letters to the Editor -Display and Classified Advertising -Subscription Info -DI Staff Copyright 1996 The Daily Iowan. Copvright 1996 Associated Press. THURSDAY November 5, 1998 More effort needed to cure what ails I.C. Erin Crawford RECENT Iowa City City Council meetings have found the town residents still waxing philosophical over how best to cope when drunken revelry strikes close to home. Student protest has not been aroused as it was with the keg ordinance, when the UISG organized petitions and a keg -ordinance supporter was harder to find than a funny Lewinsky joke. Still, debate is heated. Not much will change was the resounding message the Iowa City Police Department attempted to sell, explaining that this ordinance would simply clear up a loophole. "Loophole" or huge policy change, the idea of granting police officers further power to exercise individual discretion seems to scare the hell out of some citizens. Why are more residents than students showing up to debate issues that seem so specific to student life? When only one or two UI students show up at a hearing, a very strong message is being sent to councilors. Further restrictions on parties and noise -making may not be voted legislation of the year, but this ordinance is not a big enough concern for students to take an hour out of one's Tuesday night to discuss. In contrast, some Iowa City residents have adopted the issue like a stray puppy on a stormy evening. A few activists seemed to be the very people the ordinance was trying to protect -- people who live in areas populated with college -age renters who can't sleep some nights because of loud parties repeatedly occurring in the same houses. One man said his children were being kept awake at night, another was almost fearful to report disturbances. 1 of 3 11/5l9S 9:28 AM http:/htww.uiowa.cdu:Si0i, dlyiowmvissucivuunv�rstunes:nu.UI r.uuw Both were against the ordinance, regardless of the fact that their neighbors may have been smashing glass on the sidewalks and screaming at 4 a.m. I couldn't imagine what had persuaded these people to fear extra law enforcement more strongly than personal injury. When the fourth citizen brought up the name Eric Shaw, I started to get a clue. After a year and a half in Iowa City, I'm just beginning to understand how Shaw's death affected this city. I'm starting to get why citizens bristle at laws that give the police extra individual choice, even if it comes with the promise that this power probably won't be used. It makes sense that people feel the word of the police is not a good enough guarantee that fairness toward students will continue. With the shooting of a fellow citizen still on residents' minds, the recent mistreatment of Faith Walker in a traffic stop became all the more disturbing. The Police Citizens' Review Board's Oct. 16 decision favoring the complainant and calling the treatment of those in the car "vicious" does send the message that such behavior will not be tolerated. Perhaps the simple fact that an officer could still be using "poor procedure" brings back ghosts of what make the words, "poor procedure," seem to be a gross understatement. Many students at the university, including myself, were not around when Shaw was shot and can hardly understand how strong the undercurrents of fear are. If anything, we should learn from this most recent incident of mistreatment that problems still exist even after the concentrated effort by the community to fix things two years ago. The police department here is full of a great many wonderful officers who try very hard to maintain a good relationship with students and treat everyone they work with equally and fairly. Problems that exist should not be blamed strictly on the force. Every time an ordinance is proposed and we choose to mutter disgruntledly about it instead of attending meetings and voicing concerns to others, the blame falls back on the community. Recent attempts by the city to communicate with students have had embarrassingly poor attendance. The review board held a meeting on Oct. 27 to address concerns the community may be having over police behavior. The student body was specifically targeted with a publicity campaign in Cambuses, the dorms, fraternities and sororities, in papers and in the downtown area. 2of3 11/5i9& 9.28 nNI A1007 V hltp://%w .uiowa.edu:80/-dlyiowmissue/vl3Un93/stones/A I UU. V.utntl Six students attended the meeting. Last I checked, there were a few thousand students around here, making six a grand percentage total of "not enough." Sandy Bauer, administrative assistant for the review board, was extremely positive about the meeting: "We were disappointed in the number of students who showed up," she said. "We were not disappointed in the forum. Even if one or two people show up and have good things to say, it's worthwhile." The city is making a genuine effort to get the community involved with these laws and regain trust in the police force. Maybe students will continue to ignore these meetings, and time will heal all wounds. But by sitting back and waiting for things to turn out for the better, this community runs the risk of seeing things get worse. Erin Crawford is a DI columnist. Title: More effort needed to cure what ails I.C. Page: l0A Date: 11/5/98 Today's Paper; [ Front Metro & Iowa Nation & World Viewpoints Sports Arts 1 3of3 Press Gtizen, Wednesday, November 4, 1998, front page High court wary about Iowa car searches By Tony Mauro Gannett News Serviee WASHINGTON — The Supreme Court appeared reluc- tant Tuesday to give police more power to search cars during rou- tine traffic stops. Under past rulings, the court has said police may search the cars of people they are arresting for traffic offenses. But an Iowa law allows police to issue tickets or make arrests for all traffic violations and per- mits car searches even when only a ticket is given. The constitu- tionality of the Iowa law, similar to statutes in only four other states — Arkansas, Colorado, Florida and Vermont — was the issue before the court. The high covet has g..,erally What's next ■ A decision in the case could come any time before the term ends next June or July. expanded police search powers in recent years, agreeing with law enforcement officials that police need to be able to take steps to guarantee their own safe- ty when dealing with the public. But Tuesday, several justices appeared to balk al the Iowa law as a possible violation of the Fourth Amendment prohibition against unreasonable searches. "It seems an enormous amount or authority to put in the hands o the police;' Justice Ruth ;ader Ginsburg said. Assistant Iowa Attorney General Bridget Chambers argued that searches are needed to obtain evidence and accurate identifications. But Chief Justice William Rehnquist objected, saying, "You're not going to find any additional evi- dence of speeding by searching the person or his car" In the case before the court, an officer in Newton, Iowa, stopped Patrick Knowles for speeding in 1996. After checking Knowles' license and determining that there were no outstanding arrest war- rants for him, the officer issued a speeding ticket and then asked to search Knowles' car. The search discovered a small amount of marijuana. Iowa courts upheld the search. Local police back existing law The Press Citizen Local police chiefs say the ability to search cars during traffic stops is necessary to protect officers. "It's certainty a useful tool officers can use to safeguard themselves at times," said Iowa City Police Chief R.J. Winkelhake. The U.S. Supreme Court on Tuesday heard oral argu- ments in a Newton, Iowa, case on whether such searches without the belief of a crime or criminal evidence — violates the Constitution's protection against unreasonable search and seizure. Coralville Police Chief Barry Bedford agrees an offi- cer's ability to search a vehicle can be "a benefi- cial tool to law enforce- ment" But he said proba- ble `arse is Bedford necessary and a safeguard against abuse. "Sometimes there is a mis- conception that there is no choice," Bedford said, adding that the person always has the option to decline consent to search. Iowa law, though, gives officers the right to search after a traffic stop, if an arrest might have resulted, even if they only issue a citation. Police policy has been a hot issue locally, with allega- tions that Iowa City police muke race -based stops and take photos of people so offi- cers become familiar with them. sp The Gazette. Cedar Rapids lowat Wed.. Nov. 4. 19ae Court surprised by extent of search authority in Iowa WASHINGTON (AP) — Su- preme Court justices voiced skepticism Tuesday about giving police blanket authority to search people and their cars without consent after ticketing them for routine violations. "It does seem an enormous amount of authority to put into the hands of the police," Justice Ruth Bader Ginsburg said. "We do have constitutional checks because we're not always sure NATION that the police will exercise good judgment." "if somebody jaywalks, the police could search them?" Jus- tice John Paul Stevens asked. "Correct," said Iowa Assistant Attorney General Bridget Cham- bers. An Iowa man's lawyer argued that his rights were violated by a police search of his car that turned up marijuana. Patrick Knowles was stopped for speeding on March 6, 1996, in Newton, Iowa. An 'yofficer gave him a speeding ticket and then searched Knowles and his car's passenger compartment. Knowles argued that the search violated the Constitu- tion's Fourth Amendment pro- tection against unreasonable searches. Iowa courts allowed the marijuana to be used as evidence, and Knowles was con- victed and sentenced to 90 days in jail. A ruling is expected by July. The justices ruled in 1973 that police can search people upon arrest, citing a need to disarm suspects and preserve evidence. Iowa law allows police to ei- ther make an arrest or issue a citation for any traffic violation. If they issue a citation, they can make an "otherwise lawful search." The Iowa Supreme Court has interpreted that provision to al- low police to conduct a search whenever they could have ar- rested someone, even if they decide instead to issue a cita- tion. Knowles' appeal to the Su- preme Court said Iowa was the only state to authorize a search whenever a traffic citation is issued. About 400,000 people are given traffic tickets each year in Iowa, said Knowles' lawyer, Paul Rosenberg. Po- lice can invoke their authority to conduct searches only selectively be- cause if every- one given a traffic ticket were searched, "the people wouldn't stand for it;" he said. Chief Justice William Rehn- quist noted that police officers already have authority to conduct a search to pro- tect their own safety. Regarding a need to pre- serve evidence, Rehnquist add- ed, "When you have a traffic stop, you're not going to find any more evidence of speeding when you search a person's car." Justice Antonin Scalia asked Chambers if an officer could stop someone, arrest and search him or her, then drop the arrest. Yes, she said. "Wow," Scalia responded. Justice Anthony Kennedy not- ed the Supreme Court's 1973 decision allows police to conduct a "search incident to arrest." "You want to turn it around and have an arrest incident to search," Kennedy said, adding, "It seems to me that would be an abuse of authority." Chambers said that if police did commit abuses, the Iowa Legislature could act to curb the authority to search. She also said it was "far from routine" for police to search people after giving them a traffic ticket, part- ly because the Iowa policy was challenged in court. Kennedy asked Rosenberg whether a police officer could offer a motorist a trade — sub- mit to a search in exchange for not being arrested. In such a case, the consent to a search may not be considered valid because it was coerced, Rosenberg said.