In U.S. v. Prevo, No. 04-15310 (Jan. 11, 2005), the Court (Anderson, Black, Carnes) held that no violation of the Fourth Amendment’s prohibition on unreasonable searches and seizures occurred when a woman arriving in her vehicle at the parking lot of a correctional facility in Alabama to pick up an inmate was stopped, asked whether she had any weapons or drugs in the car, and then searched. The search uncovered a firearm in her purse and crack cocaine and a cocaine pipe in the trunk. The woman pled guilty to possession of the gun, but preserved for appeal a challenge to the constitutionality of the search.
The Court noted that prison authorities can use reasonable means to prevent weapons or other objects from being smuggled into prisons. The Court found that an unscheduled search, as here, of automobiles in the parking lot of a work release center did not infringe on the Fourth Amendment rights. The Court rejected Prevo’s argument that a search of person entering the facility was sufficient, noting that a "double-tier of deterrence" provided more security. The Court noted that even if Prevo was not intending to smuggle the gun and the cocaine into the facility, other prisoners who passed by might be so inclined. "At least where inmates have access to cars parked in prison facility parking lots, a search of the vehicle is reasonable."
The Court noted that Prevo’s privacy interest was lessened by the fact that she was visiting a prison, and because of signs warning visitors that cars entering the property were subject to search, and Prevo had seen these signs in her 7 previous visits to the facility.
The Court also rejected the argument that no search should have occurred once, upon being stopped, Prevo asked to be able to drive away. The Court noted that this would undermine the success of searches. The Court disagreed with the contrary rule of Gadson v. State, 668 A.2d 22 (Md. 1995).
The Court also found no problem of "unbridled discretion" of searching officers, pointing out that the search affected "all" vehicles which entered the parking lot that day.
