argued
february
decided
june
title
authorizes
customs
officers
board
vessel
time
place
examine
vessel
manifest
documents
customs
officers
patrolling
ship
channel
connects
gulf
mexico
lake
charles
customs
port
entry
sighted
anchored
sailboat
wake
passing
vessel
caused
sailboat
rock
violently
one
two
respondents
aboard
vessel
shrugged
shoulders
unresponsive
manner
asked
sailboat
crew
right
one
customs
officers
accompanied
louisiana
state
police
officer
boarded
sailboat
asked
see
vessel
documentation
examining
document
customs
officer
smelled
thought
burning
marihuana
looking
open
hatch
saw
bales
proved
marihuana
respondents
arrested
given
miranda
warnings
subsequent
search
revealed
marihuana
stored
throughout
vessel
upon
trial
federal
district
respondents
convicted
various
federal
drug
offenses
appeals
reversed
holding
officers
boarding
sailboat
violated
fourth
amendment
boarding
occurred
absence
reasonable
suspicion
law
violation
held
action
customs
officers
boarding
sailboat
pursuant
reasonable
therefore
consistent
fourth
amendment
although
act
congress
authorize
violation
constitution
lineal
ancestor
first
congress
clearly
authorized
suspicionless
boarding
vessels
government
officers
reflecting
view
boardings
contrary
fourth
amendment
promulgated
congress
random
stops
vehicles
without
articulable
suspicion
unlawful
conduct
away
nation
borders
permissible
fourth
amendment
delaware
prouse
whereas
vehicles
stops
fixed
checkpoints
roadblocks
delaware
prouse
supra
nature
waterborne
commerce
waters
providing
ready
access
open
sea
sufficiently
different
nature
vehicular
traffic
highways
make
possible
alternatives
sort
stop
made
case
less
likely
accomplish
obviously
essential
governmental
purposes
involved
system
prescribed
outward
markings
used
vehicle
registration
also
significantly
different
system
external
markings
vessels
extent
type
vessel
documentation
required
federal
law
good
deal
variable
complex
state
vehicle
registration
laws
moreover
governmental
interests
assuring
compliance
vessel
documentation
requirements
particularly
waters
need
deter
apprehend
smugglers
great
substantial
whereas
type
intrusion
made
case
minimal
limited
pp
reversed
rehnquist
delivered
opinion
burger
white
blackmun
powell
joined
brennan
filed
dissenting
opinion
marshall
joined
part
stevens
joined
post
samuel
alito
argued
cause
briefs
solicitor
general
lee
assistant
attorney
general
jensen
deputy
solicitor
general
frey
louis
fischer
stuart
seidel
richard
ieyoub
argued
cause
filed
brief
respondents
justice
rehnquist
delivered
opinion
congress
provided
ny
officer
customs
may
time
go
board
vessel
place
examine
manifest
documents
papers
end
may
hail
stop
vessel
use
necessary
force
compel
compliance
stat
amended
asked
decide
whether
fourth
amendment
offended
customs
officials
acting
pursuant
statute
without
suspicion
wrongdoing
board
inspection
documents
vessel
located
waters
providing
ready
access
open
sea
near
midday
march
customs
officers
accompanied
louisiana
state
policemen
patrolling
calcasieu
river
ship
channel
miles
inland
gulf
coast
sighted
henry
morgan
ii
sailboat
anchored
facing
east
west
side
channel
calcasieu
river
ship
channel
waterway
connecting
gulf
mexico
lake
charles
louisiana
lake
charles
located
southwestern
corner
louisiana
designated
customs
port
entry
houston
texas
region
access
channel
louisiana
calcasieu
lake
channel
separate
thoroughfare
west
lake
vessels
moving
lake
charles
open
sea
gulf
must
traverse
shortly
sighting
sailboat
officers
also
observed
large
freighter
moving
north
channel
freighter
creating
huge
wake
passed
henry
morgan
ii
wake
caused
smaller
vessel
rock
violently
side
side
patrol
boat
approached
sailboat
port
side
passed
behind
stern
stern
name
vessel
henry
morgan
ii
displayed
along
home
port
basilea
officers
sighted
one
man
respondent
hamparian
deck
officer
wilkins
twice
asked
sailboat
crew
right
hamparian
shrugged
shoulders
unresponsive
manner
officer
wilkins
accompanied
officer
dougherty
louisiana
state
police
boarded
henry
morgan
ii
asked
see
vessel
documentation
hamparian
handed
officer
wilkins
appeared
request
change
registration
ship
swiss
registry
french
registry
written
french
dated
february
subsequently
discovered
home
port
designation
basilea
latin
basel
switzerland
vessel
however
french
registry
examining
document
officer
wilkins
smelled
thought
burning
marihuana
looking
open
hatch
wilkins
observed
bales
proved
marihuana
respondent
sleeping
bag
atop
bales
wilkins
arrested
hamparian
gave
miranda
warnings
subsequent
search
revealed
pounds
marihuana
henry
morgan
ii
stored
almost
every
conceivable
place
including
forward
mid
aft
cabins
seats
open
part
vessel
jury
found
respondents
guilty
conspiring
import
marihuana
violation
importing
marihuana
violation
conspiring
possess
marihuana
intent
distribute
violation
possessing
marihuana
intent
distribute
violation
appeals
fifth
circuit
reversed
judgment
conviction
finding
officers
boarding
henry
morgan
ii
reasonable
fourth
amendment
boarding
occurred
absence
reasonable
suspicion
law
violation
conflict
among
circuits
importance
question
presented
affects
enforcement
customs
laws
granted
certiorari
reverse
first
congress
enacted
comprehensive
statute
provide
effectually
collection
duties
imposed
law
goods
wares
merchandise
imported
tonnage
ships
vessels
act
stat
section
act
provided
pertinent
part
follows
shall
lawful
collectors
naval
officers
surveyors
inspectors
officers
revenue
cutters
herein
mentioned
go
board
ships
vessels
part
within
four
leagues
coast
thereof
bound
whether
respective
districts
purposes
demanding
manifests
aforesaid
examining
searching
said
ships
vessels
stat
government
insists
language
statute
clearly
authorized
boarding
vessel
case
respondents
seriously
dispute
contention
contend
even
though
authorized
statute
boarding
violated
prohibition
unreasonable
searches
seizures
contained
fourth
amendment
constitution
course
agree
respondents
argument
act
congress
authorize
violation
constitution
also
agree
government
contention
enactment
statute
congress
promulgated
constitutional
amendments
ultimately
became
bill
rights
gives
statute
impressive
historical
pedigree
ramsey
long
ago
decision
boyd
said
seizure
stolen
goods
authorized
common
law
like
seizures
authorized
revenue
acts
commencement
government
first
statute
passed
congress
regulate
collection
duties
act
july
stat
contains
provisions
effect
act
passed
congress
proposed
adoption
original
amendments
constitution
clear
members
body
regard
searches
seizures
kind
unreasonable
embraced
within
prohibition
amendment
emphasis
supplied
omitted
except
border
functional
equivalents
officers
roving
patrol
may
stop
vehicles
aware
specific
articulable
facts
together
rational
inferences
facts
reasonably
warrant
suspicion
vehicles
contain
aliens
may
illegally
country
upheld
authority
border
patrol
maintain
permanent
checkpoints
near
intersections
important
roads
leading
away
border
vehicle
stopped
brief
questioning
occupants
even
though
reason
believe
particular
vehicle
contains
illegal
aliens
distinguishing
holding
supra
said
requirement
stops
major
routes
inland
always
based
reasonable
suspicion
impractical
flow
traffic
tends
heavy
allow
particularized
study
given
car
enable
identified
possible
carrier
illegal
aliens
particular
requirement
largely
eliminate
deterrent
conduct
smuggling
operations
even
though
smugglers
known
use
highways
regularly
focus
area
fourth
amendment
law
question
reasonableness
type
governmental
intrusion
involved
thus
permissibility
particular
law
enforcement
practice
judged
balancing
intrusion
individual
fourth
amendment
interests
promotion
legitimate
governmental
interests
delaware
prouse
supra
see
also
camara
municipal
terry
ohio
cady
dombrowski
supra
supra
seems
clear
customs
officers
case
stopped
automobile
public
highway
near
border
rather
vessel
ship
channel
stop
run
afoul
fourth
amendment
absence
articulable
suspicion
see
supra
overarching
principle
reasonableness
embodied
fourth
amendment
think
important
factual
differences
vessels
located
waters
offering
ready
access
open
sea
automobiles
principal
thoroughfares
border
area
sufficient
require
different
result
difference
outcome
roving
patrol
stop
supra
fixed
checkpoint
stop
supra
due
part
deemed
less
intrusive
less
awesome
nature
fixed
checkpoint
stops
compared
roving
patrol
stops
preference
roadblocks
opposed
random
spot
checks
expressed
delaware
prouse
supra
reflects
like
concern
reasonable
claim
made
permanent
checkpoints
practical
waters
vessels
move
direction
time
need
follow
established
avenues
automobiles
must
customs
officials
practical
alternative
option
spotting
vessels
might
come
open
sea
herding
one
canals
straits
order
make
fixed
checkpoint
stops
smuggling
illegal
importation
aliens
land
may
undoubtedly
usually
take
place
away
fixed
checkpoints
ports
entry
much
least
along
finite
number
identifiable
roads
eventually
maritime
commerce
inland
waters
may
funnel
rivers
canals
like
analogous
roads
make
roadblock
approach
feasible
case
waters
providing
ready
access
seaward
border
beyond
open
sea
respondents
asserted
permanent
checkpoints
established
various
ports
vessels
ready
access
open
sea
need
never
come
harbor
captain
want
avoid
authorities
port
carry
activity
anchoring
obscure
location
shoreline
may
planned
case
captain
transfer
cargo
one
vessel
another
cases
involving
endeavors
fishing
water
exploration
crew
vessel
complete
mission
without
assistance
quite
apart
aforementioned
differences
waterborne
vessels
automobiles
traveling
highways
documentation
requirements
respect
vessels
significantly
different
system
vehicle
licensing
prevails
generally
throughout
police
officer
patrolling
highway
often
tell
merely
observing
vehicle
license
plate
outward
markings
whether
vehicle
currently
compliance
requirements
state
law
see
delaware
prouse
supra
comparable
license
plates
stickers
issued
vessels
required
exterior
markings
documented
vessels
name
hailing
port
well
numerals
displayed
undocumented
american
boats
marked
vessel
instance
owner
furthermore
cases
like
one
vessel
foreign
registry
carries
markings
required
home
port
markings
indicated
vessel
swiss
registry
actuality
carried
french
documentation
papers
panoply
statutes
regulations
governing
maritime
documentation
likewise
extensive
complex
typical
state
requirements
vehicle
licensing
papers
required
need
explicit
mention
illustrate
point
american
vessels
least
five
tons
used
commercial
purposes
must
certificate
documentation
addition
vessels
engaged
certain
trades
must
obtain
special
licenses
pleasure
vessels
size
required
documented
eligible
federal
registration
see
et
seq
supp
many
vessels
must
also
submit
periodic
inspection
coast
guard
certificate
inspection
must
kept
vessel
times
smaller
american
vessels
issued
federal
documentation
papers
federal
law
vessel
propulsion
machinery
must
number
displayed
certificate
number
must
available
inspection
times
vessels
required
carry
federal
documentation
papers
also
may
required
carry
safety
certificate
foreign
vessels
required
carry
federal
documentation
papers
required
manifest
must
delivered
customs
officials
immediately
upon
arrival
country
foreign
vessel
wants
visit
one
customs
district
must
obtain
permit
proceed
first
port
call
exception
foreign
yacht
need
obtain
permit
issued
cruising
license
vessel
departing
american
waters
foreign
port
must
deliver
manifest
customs
obtain
clearance
documentation
laws
serve
public
interest
many
obvious
ways
respondents
suggest
public
interest
less
substantially
furthered
enforcement
laws
linchpin
regulation
participation
certain
trades
fishing
salvaging
towing
dredging
well
areas
trade
sanctioned
enforcement
various
environmental
laws
documentation
laws
play
vital
role
collection
customs
duties
tonnage
duties
allow
regulation
imports
exports
assisting
example
government
officials
prevention
entry
country
controlled
substances
illegal
aliens
prohibited
medicines
adulterated
foods
dangerous
chemicals
prohibited
agricultural
products
diseased
prohibited
animals
illegal
weapons
explosives
interests
course
substantial
areas
ship
channel
case
connects
open
sea
customs
port
entry
cf
ramsey
requests
check
certificates
inspection
play
obvious
role
ensuring
safety
american
waterways
inspection
vessel
documents
might
always
conclusively
establish
compliance
shipping
laws
often
need
make
document
checks
great
resultant
intrusion
fourth
amendment
interests
quite
limited
intrude
one
ability
make
free
passage
without
interruption
quoting
carroll
involves
brief
detention
officials
come
board
visit
public
areas
vessel
inspect
documents
cf
neither
vessel
occupants
searched
visual
inspection
vessel
limited
seen
without
search
supra
interference
interests
protected
fourth
amendment
course
intrusive
degree
case
interference
created
modest
intrusion
briefly
recapitulate
reasons
set
forth
greater
detail
lead
us
conclude
government
boarding
henry
morgan
ii
violate
fourth
amendment
lineal
ancestor
statute
issue
first
congress
clearly
authorized
suspicionless
boarding
vessels
reflecting
view
boardings
contrary
fourth
amendment
gives
statute
us
impressive
historical
pedigree
random
stops
without
articulable
suspicion
vehicles
away
border
permissible
fourth
amendment
supra
delaware
prouse
stops
fixed
checkpoints
roadblocks
ibid
nature
waterborne
commerce
waters
providing
ready
access
open
sea
sufficiently
different
nature
vehicular
traffic
highways
make
possible
alternatives
sort
stop
made
case
less
likely
accomplish
obviously
essential
governmental
purposes
involved
system
prescribed
outward
markings
used
vehicle
registration
also
significantly
different
system
external
markings
vessels
extent
type
documentation
required
federal
law
good
deal
variable
complex
state
vehicle
registration
laws
nature
governmental
interest
assuring
compliance
documentation
requirements
particularly
waters
need
deter
apprehend
smugglers
great
substantial
type
intrusion
made
case
minimal
limited
factors
lead
us
conclude
action
customs
officers
stopping
boarding
henry
morgan
ii
reasonable
therefore
consistent
fourth
amendment
judgment
appeals
reversed
footnotes
section
provides
customs
officials
authority
beyond
boarding
document
inspections
case
however
concerned
narrow
issue
respondents
briefly
argue
reach
even
question
relying
respondents
contend
case
moot
deported
subsequent
issuance
mandate
appeals
reversing
convictions
indictments
dismissed
provides
authority
respondents
argument
nevertheless
reject
contention
government
sought
review
appeals
decision
reversing
respondents
convictions
ordinarily
reversal
decision
reinstate
judgment
conviction
sentence
entered
district
see
morrison
per
curiam
fact
government
obtain
stay
thus
permitting
issuance
mandate
appeals
change
effect
reversal
see
aetna
casualty
surety
flowers
carr
zaja
reasoning
mancusi
stubbs
absence
indictment
require
contrary
conclusion
settled
law
preliminary
steps
criminal
proceeding
merged
sentence
defendant
convicted
sentenced
see
parr
berman
upon
respondents
conviction
sentence
indictment
returned
merged
convictions
sentences
thus
making
unnecessary
separate
reinstatement
original
indictment
respondents
deported
likewise
remove
controversy
involved
following
reversal
appeals
possibility
respondents
extradited
imprisoned
crimes
respondents
manage
country
subject
arrest
imprisonment
convictions
see
addition
collateral
consequence
convictions
government
bar
attempt
respondents
voluntarily
country
see
pennsylvania
mimms
per
curiam
sibron
new
york
dissent
discussion
mootness
places
heavy
reliance
decision
ex
parte
bain
hypothetical
example
civil
proceeding
peter
david
post
ex
parte
bain
long
ago
limited
facts
salinger
said
case
ex
parte
bain
accused
relies
actual
amendment
alternation
indictment
avoid
adverse
ruling
demurrer
trial
amended
charge
without
resubmission
grand
jury
principle
decision
proceeded
broader
situation
applied
emphasis
added
issue
case
concerning
activities
officers
boarded
henry
morgan
ii
question
presented
concerns
validity
suspicionless
boarding
vessel
document
inspection
respondents
however
contend
alternative
customs
officers
accompanied
louisiana
state
policeman
following
informant
tip
vessel
ship
channel
thought
carrying
marihuana
may
rely
statute
authorizing
boarding
inspection
vessel
documentation
line
reasoning
rejected
similar
situation
scott
reject
acceptance
respondents
argument
lead
incongruous
result
criticized
judge
campbell
opinion
arra
see
little
logic
sanctioning
examinations
ordinary
unsuspect
vessels
forbidding
case
suspected
smugglers
relying
words
bound
statute
decision
maul
dissent
contends
act
stat
grant
authority
board
vessel
found
domestic
waters
post
dissent
misreads
statute
maul
decision
noted
act
provides
boarding
vessels
found
part
within
four
leagues
coast
thereof
bound
emphasis
supplied
dissent
completely
ignores
part
statute
reads
part
furthermore
phrase
bound
obviously
qualifies
phrase
within
four
leagues
coast
make
sense
whatsoever
say
statute
authorizes
boarding
vessels
found
part
long
vessels
bound
dissent
also
says
act
authorized
searches
without
regard
location
must
read
provision
act
allows
boardings
domestic
waters
post
dissent
misreads
statutory
scheme
section
expressly
applies
seizures
goods
wares
merchandise
subject
duty
thought
concealed
ship
vessel
particular
store
building
place
unlike
purport
deal
boardings
inspection
documents
short
two
sections
concerned
different
matters
nothing
one
read
limit
dissent
reliance
concurring
opinion
justice
brandeis
maul
seriously
misreads
concurrence
dissent
says
concurrence
recognized
congress
purported
authorize
suspicionless
boardings
vessels
bound
dissent
reading
justice
brandeis
language
imprecise
say
least
observing
amendments
made
two
changes
statutory
law
described
one
terms
unlike
earlier
statutes
limit
inbound
vessels
right
board
search
thus
congress
allowed
searches
made
within
four
leagues
coast
vessel
whether
inbound
change
way
altered
separate
provision
sentence
statute
retaining
authority
go
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agent
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automobile
chance
finding
liquor
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persons
lawfully
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highways
inconvenience
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search
hose
lawfully
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entitled
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highways
right
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search
probable
cause
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vehicles
carrying
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search
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ortiz
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border
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occur
regular
port
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border
crossing
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lafave
search
seizure
cf
government
power
freely
stop
question
aliens
affect
fourth
amendment
rights
citizens
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aliens
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rule
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uniform
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fourth
amendment
police
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ancestor
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first
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amendment
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statute
us
impressive
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pedigree
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agree
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first
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marsh
chambers
brennan
dissenting
even
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analysis
statute
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quoted
ante
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authorization
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merely
customs
officials
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entering
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vessels
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regard
whether
border
crossing
see
brandeis
concurring
impressive
historical
pedigree
since
holding
rests
primarily
need
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maritime
smuggling
necessarily
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geographically
waters
accessible
open
sea
reasoning
requires
today
rule
limited
vessels
capable
entered
country
open
sea
points
system
safety
documentation
regulation
vessels
must
obey
pointed
prouse
however
true
automobiles
justify
random
stops
cars
without
reasonable
suspicion
grave
danger
abuse
discretion
disappear
simply
automobile
subject
state
regulation
resulting
numerous
instances
contact
government
intrudes
privacy
interest
suffers
whether
government
motivation
investigate
violations
criminal
laws
breaches
statutory
regulatory
standards
citations
omitted
quoting
marshall
barlow
argues
fixed
checkpoints
impossible
open
sea
ante
assuming
true
however
provide
explanation
random
suspicionless
stops
necessary
permissible
inland
waterways
calcasieu
ship
channel
explain
random
stops
roving
patrols
necessary
subjected
sort
neutral
selection
system
decrease
opportunity
arbitrariness
harassment
see
prouse
blackmun
concurring
green
blair
streifel
williams
zurosky
serrano
castro
whitmire