delaware
prouse
argued
january
decided
march
patrolman
police
cruiser
stopped
automobile
occupied
respondent
seized
marihuana
plain
view
car
floor
respondent
subsequently
indicted
illegal
possession
controlled
substance
hearing
respondent
motion
suppress
marihuana
patrolman
testified
prior
stopping
vehicle
observed
neither
traffic
equipment
violations
suspicious
activity
made
stop
order
check
driver
license
car
registration
patrolman
acting
pursuant
standards
guidelines
procedures
pertaining
document
spot
checks
promulgated
either
department
state
attorney
general
trial
granted
motion
suppress
finding
stop
detention
wholly
capricious
therefore
violative
fourth
amendment
delaware
affirmed
held
jurisdiction
case
even
though
delaware
held
stop
issue
violated
federal
constitution
also
impermissible
delaware
constitution
opinion
shows
even
state
constitution
provided
adequate
basis
judgment
intend
rest
decision
independently
state
constitution
holding
instead
depending
upon
view
reach
fourth
fourteenth
amendments
pp
except
least
articulable
reasonable
suspicion
motorist
unlicensed
automobile
registered
either
vehicle
occupant
otherwise
subject
seizure
violation
law
stopping
automobile
detaining
driver
order
check
driver
license
registration
automobile
unreasonable
fourth
amendment
pp
stopping
automobile
detaining
occupants
constitute
seizure
within
meaning
fourth
fourteenth
amendments
even
though
purpose
stop
limited
resulting
detention
quite
brief
permissibility
particular
law
enforcement
practice
judged
balancing
intrusion
individual
fourth
amendment
interests
promotion
legitimate
governmental
interests
pp
state
interest
discretionary
spot
checks
means
ensuring
safety
roadways
outweigh
resulting
intrusion
privacy
security
persons
detained
given
physical
psychological
intrusion
visited
upon
occupants
vehicle
random
stop
check
documents
cf
marginal
contribution
roadway
safety
possibly
resulting
system
spot
checks
justify
subjecting
every
occupant
every
vehicle
roads
seizure
unbridled
discretion
law
enforcement
officials
pp
individual
operating
traveling
automobile
lose
reasonable
expectation
privacy
simply
automobile
use
subject
government
regulation
people
shorn
fourth
amendment
protection
step
homes
onto
public
sidewalk
shorn
interests
step
sidewalks
automobiles
pp
holding
case
preclude
delaware
developing
methods
spot
checks
involve
less
intrusion
involve
unconstrained
exercise
discretion
questioning
oncoming
traffic
stops
one
possible
alternative
pp
white
delivered
opinion
burger
brennan
stewart
marshall
blackmun
powell
stevens
joined
blackmun
filed
concurring
opinion
powell
joined
post
rehnquist
filed
dissenting
opinion
post
charles
oberly
iii
argued
cause
petitioner
brief
richard
wier
attorney
general
delaware
carolyn
berger
fred
silverman
kathleen
molyneux
deputy
attorneys
general
david
lukoff
argued
cause
respondent
brief
richard
baumeister
frank
askin
eric
neisser
frank
carrington
wayne
schmidt
glen
murphy
james
costello
filed
brief
americans
effective
law
enforcement
et
al
amici
curiae
urging
reversal
justice
white
delivered
opinion
question
whether
unreasonable
seizure
fourth
fourteenth
amendments
stop
automobile
driven
public
highway
purpose
checking
driving
license
operator
registration
car
neither
probable
cause
believe
reasonable
suspicion
car
driven
contrary
laws
governing
operation
motor
vehicles
either
car
occupants
subject
seizure
detention
connection
violation
applicable
law
november
new
castle
county
patrolman
police
cruiser
stopped
automobile
occupied
respondent
patrolman
smelled
marihuana
smoke
walking
toward
stopped
vehicle
seized
marihuana
plain
view
car
floor
respondent
subsequently
indicted
illegal
possession
controlled
substance
hearing
respondent
motion
suppress
marihuana
seized
result
stop
patrolman
testified
prior
stopping
vehicle
observed
neither
traffic
equipment
violations
suspicious
activity
made
stop
order
check
driver
license
registration
patrolman
acting
pursuant
standards
guidelines
procedures
pertaining
document
spot
checks
promulgated
either
department
state
attorney
general
characterizing
stop
routine
patrolman
explained
saw
car
area
answering
complaints
decided
pull
app
trial
granted
motion
suppress
finding
stop
detention
wholly
capricious
therefore
violative
fourth
amendment
delaware
affirmed
noting
first
issue
legal
validity
systematic
stops
number
vehicles
license
vehicle
registration
check
emphasis
original
held
random
stop
motorist
absence
specific
articulable
facts
justify
stop
indicating
reasonable
suspicion
violation
law
occurred
constitutionally
impermissible
violative
fourth
fourteenth
amendments
constitution
granted
certiorari
resolve
conflict
decision
accord
decisions
five
jurisdictions
contrary
determination
six
jurisdictions
fourth
amendment
prohibit
kind
automobile
stop
occurred
ii
delaware
held
stop
issue
violated
federal
constitution
also
impermissible
art
delaware
constitution
urged
judgment
based
independent
adequate
state
ground
therefore
jurisdiction
case
fox
film
muller
least
suggested
matter
sufficiently
uncertain
remand
clarification
ground
upon
judgment
rested
california
krivda
based
reading
opinion
however
satisfied
even
state
constitution
provided
adequate
basis
judgment
delaware
intend
rest
decision
independently
state
constitution
jurisdiction
case
understand
opinion
art
delaware
constitution
automatically
interpreted
least
broadly
fourth
amendment
every
police
practice
authoritatively
determined
contrary
fourth
fourteenth
amendments
without
analysis
held
contrary
art
approach
consistent
previous
opinions
delaware
followed
case
analyzed
various
decisions
interpreting
federal
constitution
concluded
fourth
amendment
foreclosed
spot
checks
automobiles
summarily
held
state
constitution
therefore
also
infringed
one
cases
least
state
felt
compelled
understood
federal
constitutional
considerations
construe
law
manner
zacchini
broadcasting
state
law
mentioned
question
jurisdiction
even
though
state
constitution
might
provided
independent
adequate
state
ground
ibid
result
follow
state
constitutional
holding
depended
upon
state
view
reach
fourth
fourteenth
amendments
state
misapprehended
federal
law
freed
decide
suits
according
local
law
missouri
ex
rel
southern
mayfield
iii
fourth
fourteenth
amendments
implicated
case
stopping
automobile
detaining
occupants
constitute
seizure
within
meaning
amendments
even
though
purpose
stop
limited
resulting
detention
quite
brief
cf
terry
ohio
essential
purpose
proscriptions
fourth
amendment
impose
standard
reasonableness
upon
exercise
discretion
government
officials
including
law
enforcement
agents
order
safeguard
privacy
security
individuals
arbitrary
invasions
marshall
barlow
quoting
camara
municipal
thus
permissibility
particular
law
enforcement
practice
judged
balancing
intrusion
individual
fourth
amendment
interests
promotion
legitimate
governmental
interests
implemented
manner
reasonableness
standard
usually
requires
minimum
facts
upon
intrusion
based
capable
measurement
objective
standard
whether
probable
cause
less
stringent
test
situations
balance
interests
precludes
insistence
upon
quantum
individualized
suspicion
safeguards
generally
relied
upon
assure
individual
reasonable
expectation
privacy
subject
discretion
official
field
camara
municipal
see
marshall
barlow
supra
district
requiring
warrants
case
however
state
delaware
urges
patrol
officers
subject
constraints
deciding
automobiles
shall
stopped
license
registration
check
state
interest
discretionary
spot
checks
means
ensuring
safety
roadways
outweighs
resulting
intrusion
privacy
security
persons
detained
iv
recently
considered
legality
investigative
stops
automobiles
officers
making
stop
neither
probable
cause
believe
reasonable
suspicion
either
automobile
occupants
subject
seizure
applicable
criminal
laws
supra
border
patrol
agents
conducting
roving
patrols
areas
near
international
border
asserted
statutory
authority
stop
random
vehicle
order
determine
whether
contained
illegal
aliens
involved
smuggling
operations
practice
held
violate
fourth
amendment
invalidate
warrantless
automobile
stops
upon
less
probable
cause
given
importance
governmental
interest
stake
minimal
intrusion
brief
stop
absence
practical
alternatives
policing
border
analogized
stop
encounter
addressed
terry
ohio
supra
held
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
omitted
constitutionality
stops
border
patrol
agents
supra
addressed
permissibility
checkpoint
operations
practice
involved
slowing
oncoming
traffic
virtual
complete
halt
highway
roadblock
referring
vehicles
chosen
discretion
border
patrol
agents
area
secondary
inspection
see
recognizing
governmental
interest
involved
furthered
stops
nonetheless
sustained
constitutionality
border
patrol
checkpoint
operations
crucial
distinction
lesser
intrusion
upon
motorist
fourth
amendment
interests
objective
intrusion
stop
questioning
visual
inspection
also
existed
stops
view
checkpoint
stops
different
light
subjective
intrusion
generating
concern
even
fright
part
lawful
travelers
appreciably
less
case
checkpoint
stop
state
delaware
urges
even
discretionary
spot
checks
occurred
case
intrude
upon
motorists
much
roving
patrols
held
impermissible
stops
reasonable
fourth
amendment
state
interest
practice
means
promoting
public
safety
upon
roads
outweighs
intrusion
entailed
although
record
discloses
statistics
concerning
extent
problem
lack
highway
safety
delaware
nation
whole
aware
danger
life
property
posed
vehicular
traffic
difficulties
even
cautious
experienced
driver
may
encounter
agree
vital
interest
ensuring
qualified
permitted
operate
motor
vehicles
vehicles
fit
safe
operation
hence
licensing
registration
vehicle
inspection
requirements
observed
automobile
licenses
issued
periodically
evidence
drivers
holding
sufficiently
familiar
rules
road
physically
qualified
operate
motor
vehicle
registration
requirement
pointedly
related
annual
inspection
requirement
delaware
designed
keep
dangerous
automobiles
road
unquestionably
provisions
properly
administered
essential
elements
highway
safety
program
furthermore
note
state
delaware
requires
minimum
amount
insurance
coverage
condition
automobile
registration
implementing
legitimate
interest
seeing
citizens
protection
involved
motor
vehicle
accident
question
remains
however
whether
service
important
ends
discretionary
spot
check
sufficiently
productive
mechanism
justify
intrusion
upon
fourth
amendment
interests
stops
entail
record
us
question
must
answered
negative
given
alternative
mechanisms
available
use
might
adopted
unconvinced
incremental
contribution
highway
safety
random
spot
check
justifies
practice
fourth
amendment
foremost
method
enforcing
traffic
vehicle
safety
regulations
must
recalled
acting
upon
observed
violations
vehicle
stops
traffic
violations
occur
countless
times
day
occasions
licenses
registration
papers
subject
inspection
drivers
without
ascertained
furthermore
drivers
without
licenses
presumably
less
safe
drivers
whose
propensities
may
well
exhibit
absent
empirical
data
contrary
must
assumed
finding
unlicensed
driver
among
commit
traffic
violations
much
likely
event
finding
unlicensed
driver
choosing
randomly
entire
universe
drivers
licensing
drivers
hardly
effective
means
promoting
roadway
safety
seems
common
sense
percentage
drivers
road
driving
without
license
small
number
licensed
drivers
stopped
order
find
one
unlicensed
operator
large
indeed
contribution
highway
safety
made
discretionary
stops
selected
among
drivers
generally
therefore
marginal
best
furthermore
absent
something
mere
assertion
contrary
find
difficult
believe
unlicensed
driver
deterred
possibility
involved
traffic
violation
experience
calling
proof
entitlement
drive
deterred
possibility
one
chosen
spot
check
terms
actually
discovering
unlicensed
drivers
deterring
driving
spot
check
appear
sufficiently
productive
qualify
reasonable
law
enforcement
practice
fourth
amendment
much
said
safety
aspects
automobiles
distinguished
drivers
many
violations
minimum
requirements
observable
something
done
observing
officer
directly
immediately
furthermore
delaware
elsewhere
vehicles
must
carry
display
current
license
plates
evidence
vehicle
properly
registered
delaware
law
qualify
annual
registration
vehicle
must
pass
annual
safety
inspection
properly
insured
appear
therefore
stop
vehicle
necessary
order
ascertain
compliance
state
registration
requirements
nothing
show
significant
percentage
automobiles
also
require
license
plates
indicating
current
registration
basis
concluding
stopping
even
cars
document
checks
substantially
promotes
state
interest
marginal
contribution
roadway
safety
possibly
resulting
system
spot
checks
justify
subjecting
every
occupant
every
vehicle
roads
seizure
limited
magnitude
compared
intrusions
nonetheless
constitutionally
cognizable
unbridled
discretion
law
enforcement
officials
insist
neither
upon
appropriate
factual
basis
suspicion
directed
particular
automobile
upon
substantial
objective
standard
rule
govern
exercise
discretion
invite
intrusions
upon
constitutionally
guaranteed
rights
based
nothing
substantial
inarticulate
hunches
terry
ohio
hypothesis
stopping
apparently
safe
drivers
necessary
danger
presented
drivers
observable
time
stop
probable
cause
believe
driver
violating
one
multitude
applicable
traffic
equipment
regulations
articulable
basis
amounting
reasonable
suspicion
driver
unlicensed
vehicle
unregistered
conceive
legitimate
basis
upon
patrolman
decide
stopping
particular
driver
spot
check
productive
stopping
driver
kind
standardless
unconstrained
discretion
evil
discerned
previous
cases
insisted
discretion
official
field
circumscribed
least
extent
camara
municipal
vi
grave
danger
abuse
discretion
disappear
simply
automobile
subject
state
regulation
resulting
numerous
instances
contact
cady
dombrowski
last
term
pointed
government
intrudes
privacy
interest
suffers
whether
government
motivation
investigate
violations
criminal
laws
breaches
statutory
regulatory
standards
marshall
barlow
certain
relatively
unique
circumstances
consent
regulatory
restrictions
presumptively
concurrent
participation
regulated
enterprise
see
biswell
federal
regulation
firearms
colonnade
catering
federal
regulation
liquor
otherwise
regulatory
inspections
unaccompanied
quantum
individualized
articulable
suspicion
must
undertaken
pursuant
previously
specified
neutral
criteria
marshall
barlow
supra
individual
operating
traveling
automobile
lose
reasonable
expectation
privacy
simply
automobile
use
subject
government
regulation
automobile
travel
basic
pervasive
often
necessary
mode
transportation
one
home
workplace
leisure
activities
many
people
spend
hours
day
traveling
cars
walking
streets
undoubtedly
many
find
greater
sense
security
privacy
traveling
automobile
exposing
pedestrian
modes
travel
individual
subject
unfettered
governmental
intrusion
every
time
entered
automobile
security
guaranteed
fourth
amendment
seriously
circumscribed
terry
ohio
supra
recognized
people
shorn
fourth
amendment
protection
step
homes
onto
public
sidewalks
shorn
interests
step
sidewalks
automobiles
see
adams
williams
vii
accordingly
hold
except
situations
least
articulable
reasonable
suspicion
motorist
unlicensed
automobile
registered
either
vehicle
occupant
otherwise
subject
seizure
violation
law
stopping
automobile
detaining
driver
order
check
driver
license
registration
automobile
unreasonable
fourth
amendment
holding
preclude
state
delaware
developing
methods
spot
checks
involve
less
intrusion
involve
unconstrained
exercise
discretion
questioning
oncoming
traffic
stops
one
possible
alternative
hold
persons
automobiles
public
roadways
may
reason
alone
travel
privacy
interfered
unbridled
discretion
police
officers
judgment
affirmed
ordered
footnotes
montgomery
app
people
ingle
state
ochoa
app
rev
grounds
commonwealth
swanger
nicholas
see
also
cupps
state
holmberg
neb
state
allen
palmore
app
aff
jurisdictional
grounds
leonard
state
tex
crim
app
jenkins
myricks
cert
dismissed
stated
delaware
constitution
article
substantially
similar
fourth
amendment
violation
latter
necessarily
violation
former
citing
state
moore
del
moore
decided
less
two
years
mapp
ohio
applied
limitations
previously
imposed
federal
government
setting
forth
approach
reiterated
opinion
moore
noted
common
purposes
wording
fourth
amendment
state
constitutional
provision
also
overriding
effect
former
see
found
one
case
decided
state
moore
supra
relied
solely
state
law
upholding
validity
search
seizure
case
involved
del
const
art
also
state
statutory
requirements
issuance
search
warrant
rossitto
state
moreover
every
case
holding
search
seizure
contrary
state
constitutional
provision
relies
cases
interpreting
fourth
amendment
simultaneously
concludes
search
seizure
contrary
provision
see
young
state
freeman
state
cf
bertomeu
state
see
marshall
barlow
cady
dombrowski
terry
ohio
camara
municipal
see
also
ortiz
beck
ohio
mcdonald
see
ramsey
supra
cases
cited
supra
terry
ohio
supra
see
also
scott
beck
ohio
supra
see
santana
watson
ker
california
warrantless
arrests
requiring
probable
cause
ortiz
supra
warden
hayden
carroll
warrantless
searches
requiring
probable
cause
see
also
gerstein
pugh
see
terry
ohio
supra
supra
addition
warrant
clause
fourth
amendment
generally
requires
prior
search
neutral
detached
magistrate
ascertain
requisite
standard
met
see
mincey
arizona
supra
addressing
constitutionality
border
patrol
practices
reserved
question
permissibility
state
local
officials
stopping
motorists
document
questioning
manner
similar
checkpoint
detention
see
operations
see
persons
died
motor
vehicle
accidents
country
dept
transportation
highway
safety
see
del
code
tit
supp
department
public
safety
shall
examine
applicant
physical
mental
qualifications
operate
motor
vehicle
manner
jeopardize
safety
persons
property
supp
state
delaware
department
public
safety
division
motor
vehicles
driver
manual
urged
additional
state
interests
apprehension
stolen
motor
vehicles
drivers
influence
alcohol
narcotics
latter
interest
subsumed
interest
roadway
safety
may
former
interest
extent
remaining
governmental
interest
controlling
automobile
thefts
distinguishable
general
interest
crime
control
cf
supra
del
code
tit
see
supra
see
supra
see
supp
cf
marshall
barlow
warrant
required
federal
inspection
interstate
commerce
power
health
safety
workplace
see
seattle
warrant
required
inspection
warehouse
municipal
fire
code
violations
camara
municipal
warrant
required
inspection
residence
municipal
fire
code
violations
holding
today
cast
doubt
permissibility
roadside
truck
inspection
checkpoints
vehicles
may
subject
detention
safety
regulatory
inspection
others
justice
blackmun
justice
powell
joins
concurring
ante
page
carefully
protects
reach
decision
less
intrusive
spot
checks
involve
unconstrained
exercise
discretion
roadblock
stop
traffic
given
example
necessarily
assume
reservation
also
includes
purely
random
stops
every
car
pass
given
point
equate
less
intrusive
roadblock
stop
regard
present
case
precedent
throws
constitutional
shadow
upon
necessarily
somewhat
individualized
perhaps
largely
random
examinations
game
wardens
performance
duties
situation
type
seems
balancing
process
value
factors
consideration
quite
different
understanding
join
opinion
judgment
justice
rehnquist
dissenting
holds
successive
sentences
absent
articulable
reasonable
suspicion
unlawful
conduct
motorist
may
subjected
random
license
check
free
develop
methods
spot
checks
involve
unconstrained
exercise
discretion
uestioning
oncoming
traffic
stops
ante
motorists
apparently
like
sheep
much
less
likely
frightened
annoyed
stopped
en
masse
highway
patrolman
needs
neither
probable
cause
articulable
suspicion
stop
motorists
particular
thoroughfare
without
articulable
suspicion
stop
less
motorists
thus
elevates
adage
misery
loves
company
novel
role
fourth
amendment
jurisprudence
rule
becomes
curiouser
curiouser
one
attempts
follow
explanation
correctly
points
people
shorn
fourth
amendment
protection
step
homes
onto
public
sidewalks
sidewalks
automobiles
random
license
check
motorist
operating
vehicle
highways
owned
maintained
state
quite
different
random
stop
designed
uncover
violations
laws
nothing
motor
vehicles
one
questions
state
may
require
licensing
drive
highways
registration
vehicles
driven
highways
may
insist
requirements
obviously
may
take
steps
necessary
enforce
compliance
reasonableness
enforcement
measure
chosen
state
tested
weighing
intrusion
motorists
fourth
amendment
interests
promotion
state
legitimate
interests
executing
balancing
process
concludes
given
alternative
mechanisms
available
discretionary
spot
checks
sufficiently
productive
mechanism
safeguard
state
admittedly
vital
interest
ensuring
qualified
permitted
operate
motor
vehicles
vehicles
fit
safe
operation
hence
licensing
registration
vehicle
inspection
requirements
observed
ante
foremost
among
alternative
methods
enforcing
traffic
vehicle
safety
regulations
according
acting
upon
observed
violations
drivers
without
licenses
presumably
less
safe
drivers
whose
propensities
may
well
exhibit
ante
noting
finding
unlicensed
driver
among
commit
traffic
violations
much
likely
event
finding
unlicensed
driver
choosing
randomly
entire
universe
drivers
concludes
contribution
highway
safety
made
random
stops
marginal
best
state
primary
interest
however
traffic
safety
apprehending
unlicensed
motorists
sake
apprehending
unlicensed
motorists
whole
point
enforcing
motor
vehicle
safety
regulations
remove
road
unlicensed
driver
demonstrates
unlicensed
apparently
prefer
state
check
licenses
vehicle
registrations
wreckage
towed
away
impressed
deterrence
rationale
finding
inconceivable
unlicensed
driver
deterred
prospect
involved
traffic
violation
incident
requiring
produce
license
deterred
possibility
subjected
spot
check
arrives
conclusion
without
benefit
shred
empirical
data
record
suggesting
system
random
spot
checks
fail
deter
violators
absence
evidence
state
determination
random
stops
serve
deterrence
function
stand
side
balance
advances
diaphanous
citizen
interests
indeed
say
interests
never
infringed
state
state
must
infringe
en
masse
rather
citizen
citizen
comply
fourth
amendment
state
need
subject
citizens
anxiety
inconvenien
ce
subjects
constitutional
purposes
action
individual
law
enforcement
officer
action
state
ex
parte
virginia
state
acts
accompanied
presumption
validity
shown
otherwise
see
mcdonald
board
election
although
system
discretionary
stops
conceivably
abused
record
us
contains
showing
abuse
probable
even
likely
evidence
record
system
random
license
checks
fail
adequately
state
interest
deterring
apprehending
violators
nevertheless
concludes
record
us
random
spot
check
sufficiently
productive
mechanism
justify
intrusion
upon
fourth
amendment
interests
stops
entail
ante
think
approach
reverses
presumption
constitutionality
accorded
acts
burden
upon
state
demonstrate
procedures
consistent
fourth
amendment
upon
respondent
demonstrate
record
respondent
failed
make
demonstration
neither
opinion
opinion
delaware
suggests
random
stop
made
case
carried
manner
inconsistent
equal
protection
clause
fourteenth
amendment
absent
equal
protection
violation
fact
random
stops
may
entail
possibly
unsettling
show
authority
ante
may
create
substantial
anxiety
seems
insufficient
basis
distinguish
fourth
amendment
purposes
roadblock
stopping
cars
random
stop
issue
accordingly
reverse
judgment
delaware
indeed
distinction
expressly
recognized
decision
case
takes
account
special
function
border
patrol
importance
governmental
interests
policing
border
area
character
stops
availability
alternatives
random
stops
unsupported
reasonable
suspicion
border
patrol
agents
part
enforcing
laws
regulate
highway
use
activities
nothing
inquiry
whether
motorists
vehicles
entitled
virtue
compliance
laws
governing
highway
usage
upon
public
highways
decision
thus
imply
state
local
enforcement
agencies
without
power
conduct
limited
stops
necessary
enforce
laws
regarding
drivers
licenses
vehicle
registration
truck
weights
similar
matters