michigan
defillippo
argued
february
decided
june
night
detroit
police
officers
found
respondent
alley
woman
process
lowering
slacks
asked
identification
respondent
gave
inconsistent
evasive
responses
arrested
violation
detroit
ordinance
provides
police
officer
may
stop
question
individual
reasonable
cause
believe
individual
behavior
warrants
investigation
criminal
activity
provides
unlawful
person
stopped
refuse
identify
produce
evidence
identity
search
followed
officers
discovered
drugs
respondent
person
charged
drug
offense
violation
ordinance
trial
denied
motion
suppress
evidence
obtained
search
michigan
appeals
reversed
holding
detroit
ordinance
unconstitutionally
vague
arrest
search
invalid
respondent
arrested
pursuant
ordinance
evidence
obtained
search
suppressed
federal
constitutional
grounds
even
though
obtained
result
arrest
pursuant
presumptively
valid
ordinance
held
respondent
arrest
made
reliance
detroit
ordinance
time
declared
unconstitutional
valid
regardless
subsequent
judicial
determination
unconstitutionality
therefore
drugs
obtained
search
suppressed
pp
fourth
fourteenth
amendments
arresting
officer
may
without
warrant
search
person
validly
arrested
fact
lawful
arrest
standing
alone
authorizes
search
pp
constitution
permits
officer
arrest
suspect
without
warrant
probable
cause
believe
suspect
committed
committing
offense
arresting
officer
abundant
probable
cause
believe
respondent
conduct
violated
ordinance
respondent
presence
woman
circumstances
described
clearly
behavior
warrant
ing
investigation
ordinance
respondent
responses
request
identification
constituted
refusal
identify
ordinance
required
pp
circumstances
arresting
officer
lack
probable
cause
simply
known
ordinance
invalid
judicially
declared
unconstitutional
prudent
officer
course
determining
whether
respondent
committed
offense
circumstances
required
anticipate
later
hold
ordinance
unconstitutional
pp
since
arrest
presumptively
valid
ordinance
valid
search
followed
valid
incidental
arrest
torres
puerto
rico
sibron
new
york
berger
new
york
distinguished
pp
burger
delivered
opinion
stewart
white
blackmun
powell
rehnquist
joined
blackmun
filed
concurring
opinion
post
brennan
filed
dissenting
opinion
marshall
stevens
joined
post
timothy
baughman
argued
cause
petitioner
briefs
william
cahalan
james
howarth
appointment
argued
cause
filed
brief
respondent
briefs
amici
curiae
urging
reversal
filed
frank
carrington
wayne
schmidt
glen
murphy
thomas
hendrickson
james
costello
richard
mayer
americans
effective
law
enforcement
et
al
evelle
younger
attorney
general
jack
winkler
chief
assistant
attorney
general
daniel
kremer
assistant
attorney
general
harley
mayfield
karl
phaler
deputy
attorneys
general
state
california
briefs
amici
curiae
urging
affirmance
filed
edward
wise
american
civil
liberties
union
fund
michigan
john
cleary
california
attorneys
criminal
justice
et
al
laurance
smith
filed
brief
national
legal
aid
defender
association
amicus
curiae
chief
justice
burger
delivered
opinion
question
presented
case
whether
arrest
made
reliance
ordinance
time
declared
unconstitutional
valid
regardless
subsequent
judicial
determination
unconstitutionality
approximately
september
detroit
police
officers
duty
patrol
car
received
radio
call
investigate
two
persons
reportedly
appearing
intoxicated
alley
arrived
alley
found
respondent
young
woman
woman
process
lowering
slacks
one
officers
asked
woman
replied
relieve
officer
asked
respondent
identification
respondent
asserted
sergeant
mash
detroit
police
department
also
purported
give
badge
number
officer
unable
hear
respondent
asked
identification
changed
answer
said
either
worked
knew
sergeant
mash
respondent
appear
intoxicated
section
code
city
detroit
provides
police
officer
may
stop
question
individual
reasonable
cause
believe
individual
behavior
warrants
investigation
criminal
activity
detroit
common
council
amended
provide
unlawful
person
stopped
pursuant
thereto
refuse
identify
produce
evidence
identity
failed
identify
respondent
taken
custody
violation
searched
one
officers
found
package
marihuana
one
respondent
shirt
pockets
tinfoil
packet
secreted
inside
cigarette
package
tinfoil
packet
subsequently
opened
station
analysis
established
contained
phencyclidine
another
controlled
substance
respondent
charged
possession
controlled
substance
phencyclidine
preliminary
examination
moved
suppress
evidence
obtained
search
following
arrest
trial
denied
motion
michigan
appeals
allowed
interlocutory
appeal
reversed
held
detroit
ordinance
unconstitutionally
vague
concluded
since
respondent
arrested
pursuant
ordinance
arrest
search
invalid
expressly
rejected
contention
arrest
made
reliance
presumptively
valid
ordinance
valid
regardless
whether
ordinance
subsequently
declared
unconstitutional
accordingly
michigan
appeals
remanded
instructions
suppress
evidence
quash
information
app
michigan
denied
leave
appeal
granted
certiorari
review
michigan
holding
evidence
suppressed
federal
constitutional
grounds
although
obtained
result
arrest
pursuant
presumptively
valid
ordinance
holding
contrary
holdings
appeals
fifth
circuit
arrests
valid
see
carden
kilgen
ii
respondent
charged
tried
violation
detroit
ordinance
state
contends
violation
ordinance
refusal
identify
respondent
committed
presence
officers
respondent
subject
valid
arrest
search
followed
incidental
arrest
state
argues
equally
valid
drugs
found
suppressed
respondent
contends
since
ordinance
arrested
violating
found
unconstitutionally
vague
face
arrest
search
invalid
violative
rights
fourth
fourteenth
amendments
accordingly
contends
drugs
found
search
correctly
suppressed
fourth
fourteenth
amendments
arresting
officer
may
without
warrant
search
person
validly
arrested
robinson
gustafson
florida
constitutionality
search
incident
arrest
depend
whether
indication
person
arrested
possesses
weapons
evidence
fact
lawful
arrest
standing
alone
authorizes
search
robinson
supra
officer
effected
arrest
respondent
refusal
identify
contraband
drugs
found
result
search
respondent
person
incidental
arrest
arrest
valid
made
search
valid
illegal
drugs
admissible
evidence
whether
officer
authorized
make
arrest
ordinarily
depends
first
instance
state
law
ker
california
johnson
respondent
contend
however
arrest
authorized
michigan
law
see
comp
laws
sole
contention
since
arrest
allegedly
violating
detroit
ordinance
later
held
unconstitutional
search
likewise
invalid
iii
disputed
constitution
permits
officer
arrest
suspect
without
warrant
probable
cause
believe
suspect
committed
committing
offense
adams
williams
beck
ohio
validity
arrest
depend
whether
suspect
actually
committed
crime
mere
fact
suspect
later
acquitted
offense
arrested
irrelevant
validity
arrest
made
clear
kinds
degree
proof
procedural
requirements
necessary
conviction
prerequisites
valid
arrest
see
gerstein
pugh
brinegar
officer
arrested
respondent
abundant
probable
cause
believe
respondent
conduct
violated
terms
ordinance
ordinance
provides
person
commits
offense
officer
reasonable
cause
believe
given
behavior
warrants
investigation
officer
stops
suspect
refuses
identify
offense
complete
respondent
presence
woman
circumstances
described
alley
clearly
words
ordinance
behavior
warrant
ing
investigation
respondent
inconsistent
evasive
responses
officer
request
identify
stating
first
sergeant
mash
detroit
police
department
worked
knew
sergeant
mash
constituted
refusal
respondent
identify
ordinance
required
assuming
arguendo
person
may
constitutionally
required
answer
questions
put
officer
circumstances
false
identification
violated
plain
language
detroit
ordinance
remaining
question
whether
circumstances
said
officer
lacked
probable
cause
believe
conduct
observed
words
spoken
constituted
violation
law
simply
known
ordinance
invalid
judicially
declared
unconstitutional
answer
clearly
negative
repeatedly
explained
probable
cause
justify
arrest
means
facts
circumstances
within
officer
knowledge
sufficient
warrant
prudent
person
one
reasonable
caution
believing
circumstances
shown
suspect
committed
committing
commit
offense
see
gerstein
pugh
supra
adams
williams
supra
beck
ohio
supra
draper
brinegar
supra
carroll
record
abundant
probable
cause
satisfy
constitutional
prerequisite
arrest
time
course
controlling
precedent
ordinance
constitutional
hence
conduct
observed
violated
presumptively
valid
ordinance
prudent
officer
course
determining
whether
respondent
committed
offense
circumstances
shown
record
required
anticipate
later
hold
ordinance
unconstitutional
police
charged
enforce
laws
unless
declared
unconstitutional
enactment
law
forecloses
speculation
enforcement
officers
concerning
constitutionality
possible
exception
law
grossly
flagrantly
unconstitutional
person
reasonable
prudence
bound
see
flaws
society
police
officers
took
upon
determine
laws
constitutionally
entitled
enforcement
pierson
ray
persons
arrested
violating
statute
later
declared
unconstitutional
sought
damages
false
arrest
state
law
violation
fourteenth
amendment
chief
justice
warren
speaking
holding
police
action
based
presumptively
valid
law
subject
valid
defense
good
faith
observed
policeman
lot
unhappy
must
choose
charged
dereliction
duty
arrest
probable
cause
mulcted
damages
held
defense
good
faith
probable
cause
appeals
found
available
officers
action
false
arrest
imprisonment
also
available
action
police
required
risk
charged
dereliction
duty
arrest
probable
cause
basis
conduct
observed
iv
held
exclusionary
rule
required
suppression
evidence
obtained
searches
carried
pursuant
statutes
previously
declared
unconstitutional
purported
authorize
searches
question
without
probable
cause
without
valid
warrant
see
torres
puerto
rico
sibron
new
york
berger
new
york
holding
today
inconsistent
decisions
statutes
involved
cases
bore
different
relationship
challenged
searches
detroit
ordinance
respondent
arrest
search
decisions
involved
statutes
terms
authorized
searches
circumstances
satisfy
traditional
warrant
requirements
fourth
amendment
example
supra
held
invalid
search
pursuant
federal
statute
authorized
border
patrol
search
vehicle
within
reasonable
distance
border
without
warrant
probable
cause
attorney
general
regulation
fixed
miles
reasonable
distance
border
held
search
distant
point
entry
unreasonable
constitution
berger
new
york
struck
statute
authorizing
searches
warrants
particularly
describ
place
searched
persons
things
seized
required
fourth
fourteenth
amendments
contrast
ordinance
declared
misdemeanor
one
stopped
investigation
refuse
identify
directly
authorize
arrest
search
respondent
refused
identify
presumptively
valid
ordinance
required
officer
probable
cause
believe
respondent
committing
offense
presence
michigan
general
arrest
statute
comp
laws
authorized
arrest
respondent
independent
ordinance
search
followed
valid
incidental
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relevant
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arrest
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pertains
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hold
constituted
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subsequently
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invalidity
detroit
ordinance
vagueness
grounds
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validity
arrest
made
violation
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evidence
discovered
search
respondent
suppressed
accordingly
case
remanded
proceedings
inconsistent
opinion
reversed
remanded
footnotes
woman
arrested
charge
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case
purpose
exclusionary
rule
deter
unlawful
police
action
conceivable
purpose
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time
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person
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search
deter
police
enforcing
presumptively
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zealous
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terms
ordinance
authorizes
officers
detain
individual
unable
provide
reasonable
evidence
true
identity
however
state
disclaims
reliance
provision
authorize
arrest
person
like
respondent
refuse
identify
tr
oral
arg
justice
blackmun
concurring
join
opinion
add
words
concern
evident
justice
brennan
dissenting
opinion
today
decision
allow
municipalities
circumvent
requirement
fourth
amendment
danger
acknowledge
police
use
ordinance
arrest
persons
improper
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conduct
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discover
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arrestee
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open
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perpetually
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review
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detroit
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used
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tr
oral
arg
defendant
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police
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validity
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concluded
unconstitutional
evidence
obtained
search
incident
arrest
suppressed
justice
brennan
justice
marshall
justice
stevens
join
dissenting
disagree
conclusion
detroit
police
constitutional
authority
arrest
search
respondent
respondent
refused
identify
violation
detroit
ordinance
view
police
conduct
whether
authorized
state
law
exceeded
bounds
set
constitution
violated
respondent
fourth
amendment
rights
time
respondent
arrest
detroit
city
code
read
follows
police
officer
reasonable
cause
believe
behavior
individual
warrants
investigation
criminal
activity
officer
may
stop
question
person
shall
unlawful
person
stopped
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arresting
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pierson
ray
dispute
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state
michigan
ultimate
issue
whether
state
gathered
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state
responsible
actions
legislative
bodies
well
actions
police
state
hardly
defend
charge
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conduct
arguing
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product
legislative
action
police
merely
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laws
good
faith
see
torres
puerto
rico
berger
new
york
may
authorize
police
conduct
trenches
upon
fourth
amendment
rights
regardless
labels
attaches
conduct
question
upon
review
search
seizure
whether
search
seizure
authorized
state
law
question
rather
whether
search
seizure
reasonable
fourth
amendment
sibron
new
york
quoting
part
cooper
california
inquiry
directed
asked
whether
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officers
faithfully
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state
law
invalidation
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detroit
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trenched
upon
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ing
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give
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community
protection
dunaway
new
york
quoting
brinegar
requirement
constitutional
policies
underlying
authority
police
accost
citizens
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narrowly
drawn
terry
ohio
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see
dunaway
new
york
supra
police
may
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ohio
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detroit
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sibron
new
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dispute
analysis
rather
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ordinance
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henceforward
ordinance
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holds
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michigan
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ray
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refuse
answer
questions
put
police
see
ante
nonetheless
relying
upon
pierson
ray
upholds
respondent
arrest
search
exercising
constitutional
right
pierson
involved
action
damages
individual
police
officers
held
unfair
penalize
officers
actions
undertaken
though
mistaken
interpretation
constitution
since
officer
arrested
respondent
case
mulcted
damages
penalized
way
actions
pierson
support
position
rather
since
respondent
one
penalized
exercise
reasonably
believed
constitutional
rights
pierson
counsels
invalidation
respondent
arrest
validation
unfair
penalize
police
officer
actions
undertaken
pursuant
though
mistaken
interpretation
constitution
surely
unfair
penalize
respondent
actions
undertaken
pursuant
correct
interpretation
constitution
addition
fourth
amendment
see
katz
right
remain
silent
detained
police
basis
suspicion
may
find
source
fifth
amendment
privilege
see
haynes
grosso
albertson
sacb
generally
right
let
alone
comprehensive
rights
right
valued
civilized
men
olmstead
brandeis
dissenting
see
also
griswold
connecticut
goldberg
concurring
also
risk
ordinances
challenged
collateral
proceedings
may
never
presented
judicial
review
jurisdictions
minded
may
avoid
prosecuting
use
merely
investigative
tools
gather
evidence
crimes
pretextual
arrests
searches
possibility
evasion
yet
another
reason
demonstrates
constitutional
error
approval
respondent
arrest