Judge Rules Against Drug Stops

A Polk County judge ruled Friday that the Iowa State Patrol has gone too far in its drug stings at rest stops.

The troopers had questioned drivers last July merely because they had pulled over after seeing signs on Interstate Highway 80 that warned, "Drug Stop 4 Miles Ahead."

There was no drug stop. Instead, plainclothes troopers were waiting at the Mitchellville rest stop to see who pulled in to hide or dispose of drugs before getting to the supposed checkpoint.

Violated Rights

District Judge Robert Blink said the deceptive signs and the troopers' procedures violated constitutional rights against unreasonable searches and seizures.

The State Patrol has used the tactic successfully at other rest stops. In October troopers arrested 100 people on drug or weapons charges after the motorists saw the signs on I-80 and pulled over near Wilton.

Civil libertarians have criticized the practice as unconstitutional, saying the signs create a situation in which law-abiding drivers can appear guilty. The State Patrol did not return calls seeking comment on the ruling. Polk County Attorney John Sarcone said his office is exploring an appeal.

Stopped Last Summer

The ruling came in the case of Russell R. Callison of Newton, who was arrested in the Mitchellville operation last summer. His lawyer, Winston E. Hobson, said troopers were "fishing" when they stopped his client. He called the ruling - along with a recent U.S. Supreme Court case - a victory against growing police power in the state.

"The war on drugs has unleashed some forces that we're hoping to contain," Hobson said.

Callison stopped at the Mitchellville rest area after seeing the signs and fearing a roadblock was ahead. He placed marijuana in his trunk.

But troopers admitted they never saw Callison put anything in the trunk. They said they stopped him because of a missing license plate.

The troopers began questioning Callison about drugs. Callison, who says he believed he was under arrest, helped open the trunk, where the troopers found the drugs.

Blink ruled that the troopers had relied on their ability to search a car when only issuing a traffic citation. In December the U.S. Supreme Court ruled that the practice was unconstitutional in the case of another Newton man, Patrick Knowles.

The decision to stop, question or search people also was arbitrary, Blink ruled. Troopers apparently questioned drivers whether or not they had committed motor vehicle violations, and there were no criteria that established what questions the officers would ask.

The patrol's practices also violated court rulings that say law officers must follow certain requirements in checkpoints, Blink said. There were no barricades, uniformed officers, or police lights. The stops also were unreasonable because troopers could detain selected motorists for more than a few seconds and could extensively search their cars, he said.

Blink cautioned that his ruling does not condemn a rest-stop search based on probable cause that a crime was being committed.

Copyright 1999, The Des Moines Register.

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