Washington — The Supreme Court agreed Friday to hear a case about police power to search passengers on public transportation, a case the Bush administration says applies to the war on terrorism.
The court said it will decide if police who want to look for drugs or evidence of other crimes must first must inform public transportation passengers of their legal rights. The ruling could clarify what police may and may not do as they approach and search a passenger.
Buses and trains are sometimes used by drug couriers. Airplanes are also commonly used to transport drugs, although it is not clear whether the Supreme Court's ruling would apply to plane passengers.
Without mentioning the Sept. 11 jetliner hijackings specifically, the Bush administration invoked the war on terrorism and the concern about airplane security in trying to persuade the high court to take the case.
"Programs that rely on consensual interactions between police officers and citizens on means of public transportation are an important part of the national effort to combat the flow of illegal narcotics and weapons," Solicitor General Theodore Olson wrote.
"In the current environment, they may also become an important part of preventing other forms of criminal activity that involve travel on the nation's system of public transportation," Olson wrote.
The administration's move comes amid criticism of tough law enforcement measures following the September attacks. Civil liberties groups have questioned the detention of men without arrest and the Justice Department's decision to let law enforcement officials monitor conversations between inmates and their lawyers.
The Supreme Court agreed to hear the federal government argument that police officers in Tallahassee, Fla., were within their rights as they questioned and searched two men, Christopher Drayton and Clifton Brown, aboard a Greyhound bus in 1999.
Police asked to pat down the men's baggy clothing. The men agreed, and officers felt hard objects on the men's legs that turned out to be packets of cocaine.
Both men were convicted and sentenced on drug charges.
On appeal, the 11th U.S. Circuit Court of Appeals ruled the cocaine should not have been admitted as evidence, because the officers failed to tell the men they were not required to cooperate, or otherwise inform them of their rights.
The case is United States v. Drayton, 01-631.
Also, the court:
l Agreed to decide whether, before pleading guilty, those charged with federal crimes have a constitutional right to see any information collected by prosecutors that could help them fight the charges. United States v. Ruiz, 01-595
l Said it would mediate a dispute between the tow-truck industry and cities that restrict towing charges and practices. The case could have implications for motorists nationwide, and a far-reaching ruling could restrict many other kinds of local regulations. City of Columbus v. Ours Garage and Wrecker Service, 01-419.
l Agreed to consider when companies can be forced to pay the winning side's attorneys fees in labor lawsuits. An appeals court said that BE&K Construction Co. had to pay the bills of unions that the company had sued. BE&K Construction v. National Labor Relations Board, 01-518.
l Agreed to consider whether sentences of drug criminals around the country should be thrown out because defendants were not notified upfront about the potential for longer prison terms. The issue is whether an indictment must state that judges may tack on additional prison time based on the amounts of drugs involved in certain crimes. United States v. Cotton, 01-687.
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