argued
april
decided
july
together
sifuentes
certiorari
appeals
fifth
circuit
border
patrol
routine
stopping
vehicle
permanent
checkpoint
located
major
highway
away
mexican
border
brief
questioning
vehicle
occupants
consistent
fourth
amendment
stops
questioning
may
made
reasonably
located
checkpoints
absence
individualized
suspicion
particular
vehicle
contains
illegal
aliens
pp
require
stops
always
based
reasonable
suspicion
impractical
flow
traffic
tends
heavy
allow
particularized
study
given
car
necessary
identify
possible
carrier
illegal
aliens
requirement
also
largely
eliminate
deterrent
conduct
smuggling
operations
even
though
smugglers
known
use
highways
regularly
pp
need
make
routine
checkpoint
stops
great
consequent
intrusion
fourth
amendment
interests
quite
limited
interference
legitimate
traffic
minimal
checkpoint
operations
involving
less
discretionary
enforcement
activity
stops
pp
circumstances
checkpoint
stops
involve
searches
government
public
interest
making
stops
outweighs
constitutionally
protected
interest
private
citizen
pp
respect
checkpoint
involved
constitutional
refer
motorists
selectively
secondary
inspection
area
limited
inquiry
basis
criteria
sustain
stop
since
intrusion
sufficiently
minimal
particularized
reason
need
exist
justify
pp
operation
fixed
checkpoint
need
authorized
advance
judicial
warrant
camara
municipal
distinguished
visible
manifestations
field
officers
authority
checkpoint
provide
assurances
motorists
officers
acting
lawfully
moreover
purpose
warrant
preventing
hindsight
coloring
evaluation
reasonableness
search
seizure
inapplicable
since
reasonableness
checkpoint
stops
turns
factors
checkpoint
location
method
operation
factors
susceptible
distortion
hindsight
open
review
notwithstanding
absence
warrant
purpose
warrant
substituting
magistrate
judgment
searching
seizing
officer
applicable
since
need
reduced
decision
seize
entirely
hands
field
officer
deference
given
administrative
decisions
higher
ranking
officials
selecting
checkpoint
locations
pp
powell
delivered
opinion
burger
stewart
white
blackmun
rehnquist
stevens
joined
brennan
filed
dissenting
opinion
marshall
joined
post
mark
evans
argued
cause
cases
briefs
solicitor
general
bork
assistant
attorney
general
thornburgh
sidney
glazer
ballard
bennett
appointment
argued
cause
filed
briefs
petitioner
charles
sevilla
appointment
argued
cause
respondents
brief
michael
fn
melvin
wulf
joel
gora
vilma
martinez
sanford
rosen
jerome
falk
filed
brief
american
civil
liberties
union
et
al
amici
curiae
urging
affirmance
justice
powell
delivered
opinion
cases
involve
criminal
prosecutions
offenses
relating
transportation
illegal
mexican
aliens
defendant
arrested
permanent
checkpoint
operated
border
patrol
away
international
border
mexico
sought
exclusion
certain
evidence
ground
operation
checkpoint
incompatible
fourth
amendment
instance
whether
fourth
amendment
violated
turns
primarily
whether
vehicle
may
stopped
fixed
checkpoint
brief
questioning
occupants
even
though
reason
believe
particular
vehicle
contains
illegal
aliens
reserved
question
last
term
ortiz
hold
today
stops
consistent
fourth
amendment
also
hold
operation
fixed
checkpoint
need
authorized
advance
judicial
warrant
respondents
defendants
three
separate
prosecutions
resulting
arrests
made
three
different
occasions
permanent
immigration
checkpoint
interstate
near
san
clemente
cal
interstate
principal
highway
san
diego
los
angeles
san
clemente
checkpoint
road
miles
north
mexican
border
previously
described
checkpoint
follows
approximately
one
mile
south
checkpoint
large
black
yellow
sign
flashing
yellow
lights
highway
stating
vehicles
stop
ahead
mile
mile
north
two
black
yellow
signs
suspended
highway
flashing
lights
stating
watch
brake
lights
checkpoint
also
location
state
california
weighing
station
two
large
signs
flashing
red
lights
suspended
highway
signs
state
stop
officers
placed
highway
number
orange
traffic
cones
funneling
traffic
two
lanes
border
patrol
agent
full
dress
uniform
standing
behind
white
red
stop
sign
checks
traffic
blocking
traffic
unused
lanes
official
border
patrol
vehicles
flashing
red
lights
addition
permanent
building
houses
border
patrol
office
temporary
detention
facilities
also
floodlights
nighttime
operation
ortiz
supra
quoting
baca
supp
sd
cal
turn
particulars
stops
involved
procedural
history
case
respondent
amado
approached
checkpoint
driving
vehicle
containing
two
female
passengers
women
illegal
mexican
aliens
entered
san
ysidro
port
entry
using
false
papers
rendezvoused
san
diego
transported
northward
checkpoint
car
directed
secondary
inspection
area
produced
documents
showing
lawful
resident
alien
passengers
admitted
present
country
unlawfully
charged
inter
alia
two
counts
illegally
transporting
aliens
violation
moved
trial
suppress
evidence
stemming
stop
ground
operation
checkpoint
violation
fourth
amendment
motion
suppress
denied
convicted
counts
jury
trial
respondent
jose
attempted
pass
checkpoint
driving
car
containing
one
passenger
picked
passenger
prearrangement
san
ysidro
latter
smuggled
across
border
questioning
secondary
inspection
area
revealed
illegal
status
passenger
charged
two
counts
illegally
transporting
alien
conspiring
commit
offense
motion
suppress
evidence
derived
stop
granted
respondents
raymond
guillen
fernando
approached
checkpoint
guillen
driving
wife
passengers
questioning
secondary
inspection
area
revealed
wife
illegal
aliens
subsequent
search
car
uncovered
three
illegal
aliens
trunk
led
aliens
across
border
beach
near
tijuana
mexico
rendezvoused
guillen
citizen
guillen
jointly
indicted
four
counts
illegally
transporting
aliens
four
counts
inducing
illegal
entry
aliens
one
conspiracy
count
district
granted
defendants
motion
suppress
appealed
conviction
government
appealed
granting
motions
suppress
respective
prosecutions
guillen
appeals
ninth
circuit
consolidated
three
appeals
presented
common
question
whether
routine
stops
interrogations
checkpoints
consistent
fourth
amendment
appeals
held
one
judge
dissenting
stops
violated
fourth
amendment
concluding
stop
inquiry
constitutional
border
patrol
reasonably
suspects
presence
illegal
aliens
basis
articulable
facts
reversed
conviction
affirmed
orders
suppress
cases
reverse
remand
petitioner
rodolfo
sifuentes
arrested
permanent
immigration
checkpoint
highway
near
sarita
tex
highway
originates
brownsville
one
two
major
highways
running
north
lower
rio
grande
valley
sarita
checkpoint
miles
north
brownsville
miles
nearest
points
mexican
border
physical
arrangement
checkpoint
resembles
generally
san
clemente
checkpoint
operated
differently
officers
customarily
stop
northbound
motorists
brief
inquiry
motorists
officers
recognize
local
inhabitants
however
waved
checkpoint
without
inquiry
unlike
san
clemente
checkpoint
sarita
operation
conducted
without
judicial
warrant
sifuentes
drove
checkpoint
without
visible
passengers
agent
approached
vehicle
however
observed
four
passengers
one
front
seat
three
rear
slumped
seats
questioning
revealed
passenger
illegal
alien
although
sifuentes
citizen
aliens
met
sifuentes
prearrangement
swimming
across
rio
grande
sifuentes
indicted
four
counts
illegally
transporting
aliens
moved
fourth
amendment
grounds
suppress
evidence
derived
stop
motion
denied
convicted
jury
trial
sifuentes
renewed
fourth
amendment
argument
appeal
contending
primarily
stops
made
without
reason
believe
car
transporting
aliens
illegally
unconstitutional
appeals
fifth
circuit
affirmed
conviction
relying
opinion
santibanez
appeals
ruled
routine
checkpoint
stops
consistent
fourth
amendment
affirm
ii
courts
appeals
ninth
fifth
circuits
conflict
constitutionality
law
enforcement
technique
considered
important
charged
policing
nation
borders
turning
constitutional
question
examine
context
arises
national
policy
many
years
limit
immigration
since
july
annual
quota
immigrants
independent
countries
western
hemisphere
including
mexico
persons
act
stat
many
aliens
accommodated
quota
want
live
work
consequently
large
numbers
aliens
seek
illegally
enter
remain
noted
last
term
stimates
number
illegal
immigrants
already
vary
widely
conservative
estimate
produced
figure
one
million
immigration
naturalization
service
suggests
may
many
million
aliens
illegally
country
omitted
estimated
illegal
immigrants
mexico
drawn
fact
economic
opportunities
significantly
greater
mexico
baca
interdicting
flow
illegal
entrants
mexico
poses
formidable
law
enforcement
problems
principal
problem
arises
surreptitious
entries
shares
border
mexico
almost
miles
long
much
border
area
uninhabited
desert
thinly
populated
arid
land
although
border
patrol
maintains
personnel
electronic
equipment
fences
along
portions
border
remains
relatively
easy
individuals
enter
without
detection
also
possible
alien
enter
unlawfully
port
entry
use
falsified
papers
enter
lawfully
violate
restrictions
entry
effort
remain
country
unlawfully
within
country
aliens
seek
travel
inland
areas
employment
believed
available
frequently
meeting
prearrangement
friends
professional
smugglers
transport
private
vehicles
supra
border
patrol
conducts
three
kinds
inland
operations
effort
minimize
illegal
immigration
permanent
checkpoints
san
clemente
sarita
maintained
near
intersections
important
roads
leading
away
border
operate
coordinated
basis
designed
avoid
circumvention
smugglers
others
transport
illegal
aliens
temporary
checkpoints
operate
like
permanent
ones
occasionally
established
strategic
locations
finally
roving
patrols
maintained
supplement
checkpoint
system
see
fiscal
deportable
aliens
apprehended
throughout
nation
line
watch
agents
stationed
border
operations
interior
apprehended
approximately
deportable
aliens
apprehensions
checkpoints
though
precise
figures
available
baca
supra
concerned
permanent
checkpoints
locations
chosen
basis
number
factors
border
patrol
believes
assure
effectiveness
checkpoint
must
distant
enough
border
avoid
interference
traffic
populated
areas
near
border
ii
close
confluence
two
significant
roads
leading
away
border
iii
situated
terrain
restricts
vehicle
passage
around
checkpoint
iv
stretch
highway
compatible
safe
operation
beyond
zone
border
passes
see
supra
valid
baca
supra
record
provides
rather
complete
picture
effectiveness
san
clemente
checkpoint
approximately
million
cars
pass
checkpoint
location
year
although
checkpoint
actually
operation
time
calendar
year
approximately
illegal
aliens
apprehended
period
included
arrests
involved
roughly
vehicles
passed
checkpoint
hours
operation
vehicles
referred
secondary
inspection
area
border
patrol
agents
found
deportable
aliens
vehicles
two
cases
aliens
discovered
without
conventional
search
vehicle
similar
rate
apprehensions
throughout
year
resulted
annual
total
although
government
contends
many
illegal
aliens
pass
checkpoint
undetected
record
provide
comparable
statistical
information
regarding
sarita
checkpoint
appears
fewer
illegal
aliens
apprehended
may
assumed
fewer
pass
undetected
every
motorist
questioned
iii
fourth
amendment
imposes
limits
powers
order
prevent
arbitrary
oppressive
interference
enforcement
officials
privacy
personal
security
individuals
see
ortiz
camara
municipal
delineating
constitutional
safeguards
applicable
particular
contexts
weighed
public
interest
fourth
amendment
interest
individual
supra
terry
ohio
process
evident
previous
cases
dealing
border
patrol
operations
supra
question
whether
unit
constitutionally
search
vehicle
illegal
aliens
simply
general
vicinity
border
recognized
important
law
enforcement
interests
stake
held
searches
roving
patrols
impinged
significantly
fourth
amendment
privacy
interests
search
conducted
without
consent
probable
cause
believe
car
contained
illegal
aliens
least
absence
judicial
warrant
authorizing
random
searches
roving
patrols
given
area
compare
powell
concurring
white
dissenting
held
ortiz
supra
limitations
applied
vehicle
searches
conducted
permanent
checkpoint
supra
however
recognized
practices
involve
different
balance
public
private
interests
appropriately
subject
less
stringent
constitutional
safeguards
question
circumstances
roving
patrol
stop
motorists
general
area
border
brief
inquiry
residence
status
found
interference
fourth
amendment
interests
involved
stop
modest
inquiry
served
significant
law
enforcement
needs
therefore
held
stop
need
justified
probable
cause
may
undertaken
stopping
officer
aware
specific
articulable
facts
together
rational
inferences
facts
reasonably
warrant
suspicion
vehicle
contains
illegal
aliens
iv
agreed
checkpoint
stops
seizures
within
meaning
fourth
amendment
defendants
contend
primarily
routine
stopping
vehicles
checkpoint
invalid
must
read
proscribing
stops
absence
reasonable
suspicion
sifuentes
alternatively
contends
routine
checkpoint
stops
permissible
practice
advance
judicial
authorization
warrant
warrant
authorizing
stops
san
clemente
none
sarita
reach
issue
warrant
requirement
reasonable
suspicion
required
turn
first
whether
reasonable
suspicion
prerequisite
valid
stop
question
resolved
balancing
interests
stake
previous
cases
recognized
maintenance
program
interior
necessary
flow
illegal
aliens
controlled
effectively
border
note
substantiality
public
interest
practice
routine
stops
inquiry
permanent
checkpoints
practice
government
identifies
important
operations
brief
pp
checkpoints
located
important
highways
absence
highways
offer
illegal
aliens
quick
safe
route
interior
routine
checkpoint
inquiries
apprehend
many
smugglers
illegal
aliens
succumb
lure
highways
prospect
inquiries
forces
others
onto
less
efficient
roads
less
heavily
traveled
slowing
movement
making
vulnerable
detection
roving
patrols
cf
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
need
make
routine
checkpoint
stops
great
consequent
intrusion
fourth
amendment
interests
quite
limited
stop
intrude
limited
extent
motorists
right
free
passage
without
interruption
carroll
arguably
right
personal
security
involves
brief
detention
travelers
required
vehicle
occupants
response
brief
question
two
possibly
production
document
evidencing
right
supra
circumstances
surrounding
checkpoint
stop
search
far
less
intrusive
attending
stop
roving
patrols
often
operate
night
roads
approach
may
frighten
motorists
traffic
checkpoints
motorist
see
vehicles
stopped
see
visible
signs
officers
authority
much
less
likely
frightened
annoyed
intrusion
routine
checkpoint
stops
intrude
similarly
motoring
public
first
potential
interference
legitimate
traffic
minimal
motorists
using
highways
taken
surprise
know
may
obtain
knowledge
location
checkpoints
stopped
elsewhere
second
checkpoint
operations
appear
actually
involve
less
discretionary
enforcement
activity
regularized
manner
established
checkpoints
operated
visible
evidence
reassuring
motorists
stops
duly
authorized
believed
serve
public
interest
location
fixed
checkpoint
chosen
officers
field
officials
responsible
making
overall
decisions
effective
allocation
limited
enforcement
resources
may
assume
officials
unlikely
locate
checkpoint
bears
arbitrarily
oppressively
motorists
class
since
field
officers
may
stop
cars
passing
checkpoint
less
room
abusive
harassing
stops
individuals
case
stops
moreover
claim
particular
exercise
discretion
locating
operating
checkpoint
unreasonable
subject
judicial
review
defendants
arrested
san
clemente
checkpoint
suggest
operation
involves
significant
extra
element
intrusiveness
small
percentage
cars
referred
secondary
inspection
area
thereby
stigmatizing
diverted
reducing
assurances
provided
equal
treatment
motorists
think
defendants
overstate
consequences
referrals
made
sole
purpose
conducting
routine
limited
inquiry
residence
status
feasibly
made
every
motorist
traffic
heavy
objective
intrusion
stop
inquiry
thus
remains
minimal
selective
referral
may
involve
annoyance
remains
true
stops
frightening
offensive
public
relatively
routine
nature
moreover
selective
referrals
rather
questioning
occupants
every
car
tend
advance
fourth
amendment
interests
minimizing
intrusion
general
motoring
public
defendants
note
correctly
accommodate
public
private
interests
quantum
individualized
suspicion
usually
prerequisite
constitutional
search
seizure
see
terry
ohio
page
fourth
amendment
imposes
irreducible
requirement
suspicion
clear
camara
municipal
see
also
powell
concurring
white
dissenting
colonnade
catering
biswell
carroll
camara
required
area
warrant
support
reasonableness
inspecting
private
residences
within
particular
area
building
code
violations
recognized
specific
knowledge
condition
particular
dwelling
required
enter
given
residence
holding
examined
government
interests
advanced
justify
routine
intrusions
upon
constitutionally
protected
interests
private
citizen
concluded
circumstances
government
interest
outweighed
private
citizen
think
conclusion
appropriate
deal
neither
searches
sanctity
private
dwellings
ordinarily
afforded
stringent
fourth
amendment
protection
see
mcdonald
noted
earlier
one
expectation
privacy
automobile
freedom
operation
significantly
different
traditional
expectation
privacy
freedom
one
residence
ortiz
see
cardwell
lewis
plurality
opinion
reasonableness
procedures
followed
making
checkpoint
stops
makes
resulting
intrusion
interests
motorists
minimal
hand
purpose
stops
legitimate
public
interest
need
enforcement
technique
demonstrated
records
cases
us
accordingly
hold
stops
questioning
issue
may
made
absence
individualized
suspicion
reasonably
located
checkpoints
believe
constitutional
refer
motorists
selectively
secondary
inspection
area
san
clemente
checkpoint
basis
criteria
sustain
stop
thus
even
assumed
referrals
made
largely
basis
apparent
mexican
ancestry
perceive
constitutional
violation
cf
intrusion
sufficiently
minimal
particularized
reason
need
exist
justify
think
follows
border
patrol
officers
must
wide
discretion
selecting
motorists
diverted
brief
questioning
involved
sifuentes
alternative
argument
routine
stops
checkpoint
permissible
warrant
given
judicial
authorization
particular
checkpoint
location
practice
routine
stops
warrant
requirement
circumstances
draws
support
camara
held
absent
consent
area
warrant
required
make
building
code
inspection
even
though
search
conducted
absent
cause
believe
violations
building
searched
think
however
camara
apt
model
involved
search
private
residences
warrant
traditionally
required
see
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porch
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amendment
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dakota
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meaning
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amendment
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occupants
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patrol
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least
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amendment
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basic
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amendment
principles
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removed
proposition
emphatically
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district
charged
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judges
utilize
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means
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historical
judgment
fourth
amendment
accepts
unreviewed
executive
discretion
may
yield
readily
pressures
obtain
incriminating
evidence
overlook
potential
invasions
privacy
indeed
far
removed
even
recent
affirmation
central
concern
fourth
amendment
protect
liberty
privacy
arbitrary
oppressive
interference
government
officials
ortiz
cornerstone
society
indeed
free
society
orderly
procedure
constitution
originally
adopted
therefore
great
measure
procedural
document
reasons
drafters
bill
rights
largely
placed
faith
procedural
limitations
government
action
fourth
amendment
requirement
searches
seizures
reasonable
enforces
fundamental
understanding
erecting
buffer
arbitrary
treatment
citizens
government
permit
today
police
discretion
supplant
objectivity
reason
thereby
expediency
reign
place
order
undermine
fourth
amendment
safeguards
threaten
erosion
cornerstone
system
government
justice
frankfurter
reminded
us
history
american
freedom
small
measure
history
procedure
malinski
new
york
involved
stops
said
mexican
ancestry
alone
justify
neither
reasonable
belief
aliens
reasonable
belief
car
concealed
aliens
illegally
country
large
numbers
naturalized
citizens
physical
characteristics
identified
mexican
ancestry
even
border
area
relatively
small
proportion
aliens
likelihood
given
person
mexican
ancestry
alien
high
enough
make
mexican
appearance
relevant
factor
standing
alone
justify
stopping
ask
aliens
omitted
view
selective
referrals
rather
questioning
occupants
every
car
tend
advance
fourth
amendment
interests
minimizing
intrusion
general
motoring
public
ante
stands
fourth
amendment
head
starting
point
view
unannounced
assumption
intrusions
generally
permissible
hence
minimization
intrusions
serves
fourth
amendment
interests
fourth
amendment
however
status
quo
nonintrusion
general
matter
unreasonable
subject
average
citizen
property
search
seizure
thus
minimization
intrusion
lessens
aggravation
fourth
amendment
interest
certainly
interests
ortiz
expressly
recognized
selectivity
source
embarrassment
checkpoint
procedures
significantly
reduce
likelihood
embarrassment
motorists
whose
cars
searched
unlike
questioned
may
reassured
seeing
border
patrol
searches
cars
well
though
today
decision
clearly
permit
detentions
based
solely
mexican
ancestry
takes
comfort
appears
border
patrol
practice
relying
mexican
ancestry
standing
alone
referring
motorists
secondary
detentions
ante
see
also
ante
good
faith
part
law
enforcement
officials
however
never
sufficed
tribunal
substitute
safeguard
personal
freedoms
remit
duty
effectuate
constitutional
guarantees
indeed
particular
regard
fourth
amendment
terry
ohio
held
simple
good
faith
part
arresting
officer
enough
subjective
good
faith
alone
test
protections
fourth
amendment
evaporate
people
secure
persons
houses
papers
effects
discretion
police
beck
ohio
even
good
faith
assumed
affront
dignity
american
citizens
mexican
ancestry
mexican
aliens
lawfully
within
country
way
diminished
fact
still
remains
people
mexican
ancestry
targeted
examination
checkpoints
burden
checkpoint
intrusions
lie
heaviest
observes
ante
ess
motorists
passing
checkpoint
stopped
questioning
whereas
approximately
population
california
spanish
surname
little
bearing
point
matter
integrity
border
patrol
practices
indication
many
physical
grooming
characteristics
identifiable
mexican
indication
portion
motoring
public
california
spanish
mexican
ancestry
given
socioeconomic
status
portion
likely
figure
significantly
less
neither
indication
mexican
ancestry
subjected
lengthier
initial
stops
others
even
secondarily
detained
finally
indication
ancestral
makeup
referred
secondary
detention
quite
likely
case
overwhelmingly
mexican
sense
discrimination
felt
enhanced
empirical
proposition
observation
hardly
small
number
vehicles
pass
checkpoint
indeed
better
pass
san
clemente
checkpoint
hour
operation
ante
thus
clearly
abundant
opportunity
abuse
harassment
checkpoints
lengthier
detention
questioning
individuals
arbitrary
secondary
detentions
practices
need
confined
mexican
ancestry
given
easier
deal
vehicle
already
slowed
observe
chase
apprehend
vehicle
travelling
highway
speeds
anything
less
room
abuse
harassment
checkpoints
indeed
ortiz
persuaded
checkpoint
limits
meaningful
extent
officer
discretion
select
cars
search
fortiori
discretion
limited
simply
activity
detention
questioning
rather
searching
camara
municipal
support
result
contrary
characterization
ante
searches
condoned
routine
intrusions
required
administrative
searches
proceed
according
reasonable
standards
satisfied
respect
particular
dwelling
searched
search
dwelling
whim
administrative
personal
permitted
however
imposes
standards
today
instead
vehicle
passengers
subject
detention
fixed
checkpoint
particularized
reason
need
exist
justify
detention
ante
paraphrase
apposite
observation
checkpoints
thus
embodied
precisely
evil
saw
camara
insisted
discretion
official
field
circumscribed