Expressly limiting its holding to the facts of the case, the Court concluded that the 29-hour detention of the packages on reasonable suspicion that they contained contraband did not violate the Fourth Amendment. For example, a dog sniff may be a search, but a minimally intrusive one that could be justified in this situation under Terry upon mere reasonable suspicion. Ayers & United States v. Fordice. 452 U.S. at 452 U. S. 702-703. See Doe v. Renfrow, 451 U. S. 1022, 1025-1026 (1981) (BRENNAN, J., dissenting from denial of certiorari). × New look. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio Dynar was attempting to launder money. Ante at 462 U. S. 701. The Court of Appeals did not reach or discuss the issue. JUSTICE O'CONNOR delivered the opinion of the Court. The critical threshold issue is the intrusiveness of the seizure. As a matter of prudence, decision of the issue is also unwise. Id. Audio Transcription for Opinion Announcement – April 26, 2005 in Pasquantino v. United States William H. Rehnquist: The opinion of the Court in Pasquantino versus United States will be announced by Justice Thomas. In providing guidance to other courts, we often include in our opinions material that, technically, constitutes dictum. (b) The investigative procedure of subjecting luggage to a "sniff test" by a well-trained narcotics detection dog does not constitute a "search" within the meaning of the Fourth Amendment. The destruction of the white powder during the course of the field test was reasonable. Thus, despite the fact that the sniff tells the authorities something about the contents of the luggage, the information obtained is limited. Written and curated by real attorneys at Quimbee. As Dunaway suggests, the use of a balancing test in this case is inappropriate. 19-292 IN THE Supreme Court of the United States _____ ROXANNE TORRES, Petitioner, v. JANICE MADRID, ET AL., Respondents. at 392 U. S. 20. In his concurring opinion in Terry, Justice Harlan made this logical underpinning of the Court's Fourth Amendment holding clear: "In the first place, if the frisk is justified in order to protect the officer during an encounter with a citizen, the officer must first have constitutional grounds to insist on an encounter, to make a forcible stop. ", Id. He stated that, "[t]here have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand.". suspect's custody, we think the limitations applicable to investigative detentions of the person should define the permissible scope of an investigative detention of the person's luggage on less than probable cause. "A seizure threatens the former, a search the latter." As JUSTICE STEVENS suggested in objecting to "unnecessarily broad dicta" in United States v. Knotts, 460 U. S. 276 (1983), the use of electronic detection techniques that enhance human perception implicates "especially sensitive concerns." Id. The cases are consolidated, and a total of one hour is allotted for oral argument. As Place proceeded to the gate for his flight, the agents approached him and requested his airline ticket and some identification. Race. See ante at 462 U. S. 709-710. Df - Mezzanatto . You need to … To the extent that the Court relies on United States v. Van Leeuwen, 397 U. S. 249 (1970), as support for its conclusion, see ante at 462 U. S. 705-706, n. 6, such reliance is misplaced. Ibid. Only in this limited context is a court entitled to engage in any balancing of interests in determining the validity of a seizure. It is difficult to understand how this intrusion is not more severe than a brief stop for questioning or even a limited, on-the-spot patdown search for weapons. ask them to explain suspicious circumstances,", the Court expressly stated that "any further detention or search must be based on consent or probable cause." Even assuming, however, that the Court finds some support in Royer for its discussion of the scope of Terry stops, the Court today goes, well beyond Royer in endorsing the notion that the principles of Terry permit, "warrantless seizures of personal luggage from the custody of the owner on the basis of less than probable cause, for the purpose of pursuing a limited course of investigation, short of opening the luggage, that would quickly confirm or dispel the authorities' suspicion.". at 392 U. S. 16. As part of this update, you must now use a Street Law Store account to access hundreds of resources and Supreme Court case summaries. Id. Given the enforcement problems associated with the detection of narcotics trafficking and the minimal intrusion that a properly limited detention would entail, we conclude that the Fourth Amendment does not prohibit such a detention. The context of a particular law enforcement practice, of course, may affect the determination whether a brief intrusion on Fourth Amendment interests on less than probable cause is essential to effective criminal investigation. at 52, 53. I am concerned, however, with what appears to me to be an emerging tendency on the part of the Court to convert the Terry decision into a general statement that the Fourth Amendment requires only that any seizure be reasonable. [Footnote 2/4] Obviously, they also significantly expand the scope of the intrusion. The person whose luggage is detained is technically still free to continue his travels or carry out other personal activities pending release of the luggage. The Court correctly observes that a warrant may be dispensed with if the officer has probable cause and if some exception to the warrant requirement, such as exigent circumstances. The Court is certainly in no position to consider all the ramifications. In Terry, we described the governmental interests supporting the initial seizure of the person as, "effective crime prevention and detection; it is this interest which underlies the recognition that a police officer may, in appropriate circumstances and in an appropriate manner, approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest. Before the accident, the Anna C was moored at Pier 52 on the North River along with several other barges. BLACKMUN, J., filed an opinion concurring in the judgment, in which MARSHALL, J., joined, post, p. 462 U. S. 720. Adams v. Williams, 407 U.S. at 407 U. S. 146. The agents responded that their information was to the contrary. And many drugs . The Terry balancing test should not be wrenched from its factual and conceptual moorings. There again, his behavior aroused the suspicion of the agents. Statement of the Facts: Respondent Miller and Frank Layton were charged with violating the National Firearms Act by transporting a sawed-off double-barrel 12-gauge shotgun in interstate commerce. 2. Upon respondent's arrival at La Guardia Airport, two DEA agents approached him, said that they believed he might be carrying narcotics, and asked for and received identification. The majority assumed both that Terry principles could be applied to justify a warrantless seizure of baggage on less than probable cause, and that reasonable suspicion existed to justify the investigatory stop of Place. Neither Terry nor its progeny changed this rule. 452 U.S. at 452 U. S. 705 (footnotes omitted). The length of the detention of respondent's luggage alone precludes the conclusion that the seizure was reasonable in the absence of probable cause. See ante at 462 U. S. 701; Florida v. Royer, 460 U.S. at 460 U. S. 514 (dissenting opinion). United States v. Hensley, 469 U.S. at 469 U. S. 228-229, 469 U. S. 234-235; Place, supra, at 462 U. S. 703-704, 462 U. S. 709; Michigan v. at 392 U. S. 19, n. 16. Petition GRANTED as to Federal Circuit case No. In Michigan v. Summers, 452 U. S. 692 (1981), the Court relied on Terry and its progeny to hold that, "a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.". The Court acknowledged, however, that "seizures" may occur irrespective of the imposition of actual physical restraint. For the foregoing reasons, I concur only in the judgment of the Court. The order authorized the Secretary of War and the armed forces to remove people of Japanese ancestry from what they designated as military areas and surrounding communities in the United States. [Footnote 1] The District Court denied the motion. In United States v. Brignoni-Ponce, 422 U. S. 873 (1975), the Court relied on Terry and Adams in holding that, "when an officer's observations lead him reasonably to suspect that a particular vehicle may contain aliens who are illegally in the country, he may stop the car briefly and investigate the circumstances that provoke suspicion. As to the former, it concluded that the agents had reasonable suspicion to believe that Place was engaged in criminal activity when he was detained at the two airports, and that the stops were therefore lawful. The Court of Appeals reversed, holding that the prolonged seizure of respondent's luggage exceeded the limits of the type of investigative stop permitted by Terry v. Ohio, 392 U. S. 1, and hence amounted to a seizure without probable cause in violation of the Fourth Amendment. 442 U.S. at 442 U. S. 761. Some twenty states, however, place the burden on the accused to establish his insanity by a preponderance of the evidence or some similar measure of persuasion." The Court stated that, "[i]t must be recognized that, whenever a police officer accosts an individual and restrains his freedom to walk away, he has 'seized' that person.". See also id. Florida v. Royer, 460 U.S. at 460 U. S. 506 (plurality opinion) ("If [trained narcotics detection dogs] had been used, Royer and his luggage could have been momentarily detained while this investigative procedure was carried out"). at 442 U. S. 212. Argued March 2, 1983. (Tom Feledy prepared this summary.) o He and his attorney met with the prosecutor to discuss cooperation with the government. See Nolan Bros., Inc. v. United States, supra, and cases cited." United States v. Aukai is unusual for a couple of reasons: Unlike all of our other case briefs, this was not a Supreme Court decision, but an en banc ruling by the notoriously flaky (with the exception of the honorable Judge Alex Kozinski , praise be unto him) Ninth Circuit Court of Appeals. Raymond J. The District Court expressly observed that Place "does not contest the validity of sniff searches per se." VIDED. The dog reacted positively to the smaller of the two bags but ambiguously to the larger bag. [Footnote 2/3]. In our view, such application is appropriate. The Warrant Clause of the Fourth Amendment provides that, "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 462 U. S. 707-710. Attorneys relied on two cases: United States v. Knotts and United States v. Karo. Ante at 462 U. S. 703, quoting Terry, 392 U.S. at 392 U. S. 20. Mr. Blume. ", Respondent suggests that, absent some special law enforcement interest such as officer safety, a generalized interest in law enforcement cannot justify an intrusion on an individual's Fourth Amendment interests in the absence of, probable cause. Apparently the Court finds itself unable to "resist the pull to decide the constitutional issues involved in this case on a broader basis than the record before [it] imperatively requires." and probable cause requirements, and (b) with the Court's haste to resolve the dog-sniff issue. ." In addition to being unnecessary to the Court's judgment, see supra at 462 U. S. 711, this suggestion finds no support in Terry or its progeny, and significantly dilutes the Fourth Amendment's protections against government interference with personal property. . Place first aroused the suspicion of law enforcement officers as he was standing in line at the Miami airport waiting to buy a ticket to New York's LaGuardia Airport. When the nature and extent of the detention are minimally intrusive of the individual's Fourth Amendment interests, the opposing law enforcement interests can support a seizure based on less than probable cause. . Clarence Thomas: This case comes to us on writ of certiorari to the United States Court of Appeals for the Fourth Circuit. United States v. Jones, 565 U.S. 400 (2012), was a landmark United States Supreme Court case which held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.. Id. 407 U.S. at 407 U. S. 145-146. See also Michigan v. Summers, supra, (limited detention of occupants while authorities search premises pursuant to valid search warrant); United States v. Cortez, 449 U. S. 411 (1981) (stop near border of vehicle suspected of transporting illegal aliens); United States v. Brignoni-Ponce, 422 U. S. 873 (1975) (brief investigative stop near border for questioning about citizenship and immigration status). Same great content. [Footnote 8] Therefore, when the police seize luggage from the. As observed in United States v. Mendenhall, 446 U. S. 544, 446 U. S. 561 (1980) (opinion of POWELL, J. Cortez, 449 U.S. 411 (1981) (stop near border of vehicle suspected of transporting illegal aliens); United States v. Brignoni-Ponce, 422 U.S. 873 (1975) (brief investigative stop near border for questioning about citizenship and immigration status). may be easily concealed. I also agree with JUSTICE BLACKMUN's suggestion, ibid., that the issue is more complex than the Court's discussion would lead one to believe. Respondent Place cross-petitioned in this Court on the issue of reasonable suspicion, and we denied certiorari. At this point, 90 minutes had elapsed since the seizure of the luggage. The intrusion on possessory interests occasioned by a seizure of one's personal effects can vary both in its nature and extent. Ante at 462 U. S. 705, n. 6. The truth of this proposition is apparent when one considers that the Court today has employed a balancing test "to swallow the general rule that [seizures of property] are reasonable' only if based on probable cause." Terry v. Ohio, however, teaches that, in some circumstances, a limited seizure that is less restrictive than a formal arrest may constitutionally occur upon mere reasonable suspicion, if "supported by a special law enforcement need for greater flexibility." Seizing a person’s luggage for an entire weekend until a warrant may be obtained violates the Fourth Amendment as beyond the scope of a valid Terry stop. United States Supreme Court. 3 W. LaFave, Search and Seizure § 9.6, p. 72 (Supp.1982). c. There is a need for narrative richness. Prompted by Place's parting remark that he had recognized that they were police, the agents inspected the address tags on the checked luggage and noted discrepancies in the two street addresses. . 422 U.S. at 422 U. S. 881-882. Moreover, the Court of Appeals more than adequately distinguished Van Leeuwen. In any event, I would leave the determination of whether dog sniffs of luggage amount to searches, and the subsidiary question of what standards should govern such intrusions, to a future case providing an appropriate, and more informed, basis for deciding these questions. 19-1452 and 19-1458 are granted, all limited to Questions 1 and 2 as set forth in the July 22, 2020 Memorandum for the United States. The majority concluded, however, that the prolonged seizure of Place's baggage exceeded the permissible limits of a Terry-type investigative stop, and consequently amounted to a seizure without probable cause in violation of the Fourth Amendment. Does the Fourth Amendment allow for a warrantless search and seizure of cellphone location data by the police? Under the Fourteenth Amendment of the United States Constitution (Constitution), Congress does not have the power to pass laws prohibiting discrimination by […] at 442 U. S. 766. As noted supra at 462 U. S. 711-712, Terry and the cases that followed it authorize a brief "investigative" stop of an individual based on reasonable suspicion and a limited search for weapons if the officer reasonably suspects that the individual is armed and presently dangerous. Once the owner's property is seized, the dispossession is absolute. UNITED STATES, Petitioner. 2d 239 (1966) Brief Fact Summary. for the eleventh circuit _____ case no. JUSTICE BRENNAN, with whom JUSTICE MARSHALL joins, concurring in the result. Based on their independent investigation and the confidential informant's information, they prepared a search warrant application for Leon's three residences and his automobiles. 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