michigan
summers
argued
february
decided
june
police
officers
executing
warrant
search
house
narcotics
encountered
respondent
descending
front
steps
requested
assistance
gaining
entry
detained
searched
premises
finding
narcotics
ascertaining
respondent
owned
house
police
arrested
searched
person
found
heroin
coat
pocket
respondent
charged
possession
heroin
found
person
moved
suppress
heroin
product
illegal
search
violation
fourth
amendment
trial
judge
granted
motion
quashed
information
michigan
appeals
michigan
affirmed
held
initial
detention
respondent
constituted
seizure
assumed
unsupported
probable
cause
violate
constitutional
right
secure
unreasonable
seizure
person
fourth
amendment
purposes
warrant
search
contraband
founded
probable
cause
implicitly
carries
limited
authority
detain
occupants
premises
proper
search
conducted
lawful
require
respondent
remain
house
evidence
establishing
probable
cause
arrest
found
arrest
search
incident
thereto
constitutionally
permissible
pp
reversed
stevens
delivered
opinion
burger
white
blackmun
powell
rehnquist
joined
stewart
filed
dissenting
opinion
brennan
marshall
joined
post
timothy
baughman
argued
cause
petitioner
brief
william
cahalan
gerald
lorence
argued
cause
filed
brief
respondent
elliott
schulder
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
mccree
assistant
attorney
general
heymann
deputy
solicitor
general
frey
bruce
ennis
argued
cause
american
civil
liberties
union
amicus
curiae
urging
affirmance
brief
lawrence
herman
justice
stevens
delivered
opinion
detroit
police
officers
execute
warrant
search
house
narcotics
encountered
respondent
descending
front
steps
requested
assistance
gaining
entry
detained
searched
premises
finding
narcotics
basement
ascertaining
respondent
owned
house
police
arrested
searched
person
found
coat
pocket
envelope
containing
grams
heroin
respondent
charged
possession
heroin
found
person
moved
suppress
heroin
product
illegal
search
violation
fourth
amendment
trial
judge
granted
motion
quashed
information
order
affirmed
divided
panel
michigan
appeals
app
michigan
dissent
three
justices
granted
state
petition
certiorari
reverse
dispositive
question
case
whether
initial
detention
respondent
violated
constitutional
right
secure
unreasonable
seizure
person
state
attempts
justify
eventual
search
respondent
person
arguing
authority
search
premises
granted
warrant
implicitly
included
authority
search
persons
premises
authority
included
authorization
search
furniture
containers
particular
things
described
might
concealed
michigan
appeals
correctly
noted
even
otherwise
acceptable
argument
justify
initial
detention
respondent
outside
premises
described
warrant
see
mich
detention
permissible
need
reach
question
whether
search
warrant
premises
includes
right
search
persons
found
police
searched
respondent
probable
cause
arrest
done
appraisal
validity
search
respondent
person
therefore
depends
upon
determination
whether
officers
authority
require
house
remain
conducted
search
ii
assessing
validity
respondent
initial
detention
note
first
constituted
seizure
within
meaning
fourth
amendment
state
contend
otherwise
record
demonstrates
respondent
free
leave
premises
officers
searching
home
also
clear
respondent
formally
arrested
search
completed
dispute
therefore
involves
constitutionality
seizure
assume
unsupported
probable
cause
dunaway
new
york
reaffirmed
general
rule
official
seizure
person
must
supported
probable
cause
even
formal
arrest
made
case
police
officers
located
murder
suspect
neighbor
house
took
custody
transported
police
station
interrogation
ultimately
produced
confession
suspect
arrested
confessed
presumably
set
free
probable
cause
established
questioning
state
argued
detention
equated
arrest
upheld
reasonable
view
serious
character
crime
fact
police
articulable
basis
suspecting
dunaway
involved
firmly
rejected
state
argument
noting
detention
petitioner
important
respects
indistinguishable
traditional
arrest
stated
indeed
exception
cover
seizure
intrusive
case
threaten
swallow
general
rule
fourth
amendment
seizures
reasonable
based
probable
cause
central
importance
requirement
protection
citizen
privacy
afforded
fourth
amendment
guarantees
compromised
fashion
requirement
probable
cause
roots
deep
history
henry
hostility
seizures
based
mere
suspicion
prime
motivation
adoption
fourth
amendment
decisions
immediately
adoption
affirmed
common
rumor
report
suspicion
even
strong
reason
suspect
adequate
support
warrant
arrest
footnotes
omitted
familiar
threshold
standard
probable
cause
fourth
amendment
seizures
reflects
benefit
extensive
experience
accommodating
factors
relevant
reasonableness
requirement
fourth
amendment
provides
relative
simplicity
clarity
necessary
implementation
workable
rule
see
brinegar
first
case
terry
ohio
recognized
narrow
authority
police
officers
suspect
criminal
activity
make
limited
intrusions
individual
personal
security
based
less
probable
cause
approved
frisk
weapons
justifiable
response
officer
reasonable
belief
dealing
possibly
armed
dangerous
suspect
second
case
adams
williams
relied
terry
hold
officer
forcibly
stop
suspect
investigate
informant
tip
suspect
armed
carrying
narcotics
held
special
enforcement
problems
confronted
roving
border
patrol
agents
though
sufficient
justify
random
stops
vehicles
near
mexican
border
question
occupants
citizenship
adequate
support
vehicle
stops
based
agents
awareness
specific
articulable
facts
indicating
vehicle
contained
illegal
aliens
reasoned
difficulty
patrolling
long
mexican
border
interest
controlling
influx
illegal
aliens
justified
limited
intrusion
usually
lasting
minute
involved
stop
see
also
cortez
cases
recognize
seizures
admittedly
covered
fourth
amendment
constitute
limited
intrusions
personal
security
detained
justified
substantial
law
enforcement
interests
may
made
less
probable
cause
long
police
articulable
basis
suspecting
criminal
activity
cases
dunaway
applying
ultimate
standard
reasonableness
embodied
fourth
amendment
consistent
general
rule
every
arrest
every
seizure
essential
attributes
formal
arrest
unreasonable
unless
supported
probable
cause
demonstrate
exception
limited
intrusions
may
justified
special
law
enforcement
interests
confined
momentary
detention
accompanied
frisk
weapons
involved
terry
adams
therefore
order
decide
whether
case
controlled
general
rule
necessary
examine
character
official
intrusion
justification
iii
prime
importance
assessing
intrusion
fact
police
obtained
warrant
search
respondent
house
contraband
neutral
detached
magistrate
found
probable
cause
believe
law
violated
house
authorized
substantial
invasion
privacy
persons
resided
detention
one
residents
premises
searched
although
admittedly
significant
restraint
liberty
surely
less
intrusive
search
indeed
may
safely
assume
citizens
unless
intend
flight
avoid
arrest
elect
remain
order
observe
search
possessions
furthermore
type
detention
imposed
likely
exploited
officer
unduly
prolonged
order
gain
information
information
officers
seek
normally
obtained
search
detention
moreover
detention
case
respondent
residence
add
minimally
public
stigma
associated
search
involve
neither
inconvenience
indignity
associated
compelled
visit
police
station
sharp
contrast
custodial
interrogation
dunaway
detention
respondent
substantially
less
intrusive
arrest
assessing
justification
detention
occupant
premises
searched
contraband
pursuant
valid
warrant
law
enforcement
interest
nature
articulable
facts
supporting
detention
relevant
obvious
legitimate
law
enforcement
interest
preventing
flight
event
incriminating
evidence
found
less
obvious
sometimes
greater
importance
interest
minimizing
risk
harm
officers
although
special
danger
police
suggested
evidence
record
execution
warrant
search
narcotics
kind
transaction
may
give
rise
sudden
violence
frantic
efforts
conceal
destroy
evidence
risk
harm
police
occupants
minimized
officers
routinely
exercise
unquestioned
command
situation
cf
lafave
search
seizure
pp
finally
orderly
completion
search
may
facilitated
occupants
premises
present
may
induce
open
locked
doors
locked
containers
avoid
use
force
damaging
property
may
also
delay
completion
task
hand
also
appropriate
consider
nature
articulable
individualized
suspicion
police
base
detention
occupant
home
subject
search
warrant
already
noted
detention
represents
incremental
intrusion
personal
liberty
search
home
authorized
valid
warrant
existence
search
warrant
however
also
provides
objective
justification
detention
judicial
officer
determined
police
probable
cause
believe
someone
home
committing
crime
thus
neutral
magistrate
rather
officer
field
made
critical
determination
police
given
special
authorization
thrust
privacy
home
connection
occupant
home
gives
police
officer
easily
identifiable
certain
basis
determining
suspicion
criminal
activity
justifies
detention
occupant
payton
new
york
held
police
officers
may
enter
private
residence
make
routine
felony
arrest
without
first
obtaining
warrant
case
rejected
suggestion
search
warrant
adequately
protect
privacy
interests
stake
noting
distinction
search
warrant
arrest
warrant
far
less
significant
interposition
magistrate
determination
probable
cause
zealous
officer
citizen
true
arrest
warrant
requirement
may
afford
less
protection
search
warrant
requirement
suffice
interpose
magistrate
determination
probable
cause
zealous
officer
citizen
sufficient
evidence
citizen
participation
felony
persuade
judicial
officer
arrest
justified
constitutionally
reasonable
require
open
doors
officers
law
thus
fourth
amendment
purposes
arrest
warrant
founded
probable
cause
implicitly
carries
limited
authority
enter
dwelling
suspect
lives
reason
believe
suspect
within
lawful
require
respondent
remain
house
evidence
establishing
probable
cause
arrest
found
arrest
search
incident
thereto
constitutionally
permissible
judgment
michigan
must
therefore
reversed
ordered
david
crump
michael
kuhn
filed
brief
john
holmes
et
al
amici
curiae
urging
reversal
footnotes
upon
arriving
named
address
officer
roger
lehman
saw
defendant
go
front
door
house
proceed
across
porch
steps
defendant
asked
open
door
replied
left
keys
inside
ring
someone
intercom
dwight
calhoun
came
door
admit
police
officers
result
officers
obtained
entrance
premises
forcing
open
front
door
admittance
gained
officer
lehman
instructed
officer
conant
previously
stationed
along
side
house
bring
defendant
still
porch
house
eight
occupants
house
detained
search
premises
revealed
two
plastic
bags
suspected
narcotics
bar
basement
finding
suspected
narcotics
basement
upon
determining
defendant
owner
house
officer
conant
formally
arrested
defendant
violation
controlled
substances
act
mcl
msa
custodial
search
conducted
officer
conant
revealed
plastic
bag
containing
suspected
heroin
defendant
jacket
pocket
heroin
discovered
person
defendant
forms
basis
instant
possession
charge
fourth
amendment
constitution
provides
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
supported
oath
affirmation
particularly
describing
place
searched
persons
things
seized
several
occupants
house
michigan
law
evidence
narcotics
found
basement
respondent
house
apparently
insufficient
support
conviction
see
people
davenport
app
michigan
appeals
relied
davenport
conclude
officers
probable
cause
arrest
search
respondent
even
though
owner
house
contraband
found
mich
judge
bashara
dissenting
appeals
three
dissenting
justices
michigan
pointed
davenport
concerns
proof
necessary
support
conviction
dispositive
question
whether
police
probable
cause
arrest
see
brinegar
regardless
whether
police
probable
cause
arrest
respondent
michigan
law
probable
cause
within
meaning
fourth
amendment
issue
respondent
challenge
conclusion
evidence
found
home
established
probable
cause
arrest
see
brief
respondent
seizure
issue
case
confused
search
issue
presented
ybarra
illinois
ybarra
police
executing
search
warrant
public
tavern
detained
searched
customers
happened
present
question
concerning
legitimacy
detention
raised
rather
concluded
search
ybarra
invalid
police
reason
believe
special
connection
premises
police
basis
suspecting
armed
possession
contraband
see
case
detention
issue
police
knew
respondent
lived
house
search
probable
cause
arrest
done
quite
plain
fourth
amendment
governs
seizures
person
eventuate
trip
station
house
prosecution
crime
arrests
traditional
terminology
must
recognized
whenever
police
officer
accosts
individual
restrains
freedom
walk
away
seized
person
terry
ohio
noted
dunaway
taken
neighbor
home
police
car
transported
police
station
placed
interrogation
room
informed
free
leave
free
leave
physically
restrained
attempted
upholding
frisk
employed
officer
case
assumed
without
explicitly
stating
fourth
amendment
prohibit
forcible
stops
officer
reasonable
suspicion
crime
committed
see
harlan
concurring
white
concurring
adams
williams
made
explicit
implicit
terry
brief
stop
suspicious
individual
order
determine
identity
maintain
status
quo
momentarily
obtaining
information
may
reasonable
light
facts
known
officer
time
noted
informant
tip
insufficient
justify
arrest
search
based
probable
cause
spinelli
aguilar
texas
information
carried
enough
indicia
reliability
justify
officer
forcible
stop
williams
several
cases
concluded
absence
articulable
facts
available
officer
rendered
detention
unreasonable
delaware
prouse
held
police
make
random
stops
vehicles
order
check
drivers
licenses
vehicle
registrations
absence
articulable
reasonable
suspicion
motorist
unlicensed
car
unregistered
brown
texas
held
statute
requiring
individuals
identify
unconstitutional
applied
police
reasonable
suspicion
petitioner
committed
committing
crime
finally
ybarra
illinois
held
police
executing
search
warrant
tavern
invoke
terry
frisk
patron
unless
officers
individualized
suspicion
patron
might
armed
dangerous
detention
approved
encompass
search
vehicle
held
search
must
supported
probable
cause
held
stops
permanent
checkpoints
involved
even
less
intrusion
motorist
detention
roving
patrol
thus
stop
need
even
based
individualized
suspicion
opinion
terry
chief
justice
warren
identified
central
inquiry
fourth
amendment
reasonableness
circumstances
particular
governmental
invasion
citizen
personal
security
analyzing
specific
stop
frisk
involved
case
stated
scheme
fourth
amendment
becomes
meaningful
assured
point
conduct
charged
enforcing
laws
subjected
detached
neutral
scrutiny
judge
must
evaluate
reasonableness
particular
search
seizure
light
particular
circumstances
making
assessment
imperative
facts
judged
objective
standard
facts
available
officer
moment
seizure
search
man
reasonable
caution
belief
action
taken
appropriate
cf
carroll
beck
ohio
footnotes
omitted
justice
white
concurring
dunaway
noted
terry
almost
unique
exception
standard
probable
cause
rather
key
principle
fourth
amendment
reasonableness
balancing
competing
interests
purpose
underlying
terry
stop
investigating
possible
criminal
activity
served
police
must
certain
circumstances
able
detain
individual
longer
brief
time
period
involved
terry
adams
one
commentator
observed
clear
several
investigative
techniques
may
utilized
effectively
course
stop
common
interrogation
may
include
request
identification
inquiry
concerning
suspicious
conduct
person
detained
sometimes
officer
communicate
others
either
police
private
citizens
effort
verify
explanation
tendered
confirm
identification
determine
whether
person
identity
otherwise
wanted
suspect
may
detained
determined
fact
offense
occurred
area
process
might
involve
checking
certain
premises
locating
examining
objects
abandoned
suspect
talking
people
known
offense
occurred
area
suspect
may
viewed
witnesses
crime
reason
conclude
investigative
methods
type
listed
inherently
objectionable
might
cast
doubt
upon
reasonableness
detention
however
use
makes
period
detention
unduly
long
involves
moving
suspect
another
locale
lafave
search
seizure
pp
reiterated
years
ago
physical
entry
home
chief
evil
wording
fourth
amendment
directed
district
long
adhered
view
warrant
procedure
minimizes
danger
needless
intrusions
sort
payton
new
york
professor
lafave
noted
reasonableness
detention
may
determined
part
whether
police
diligently
pursuing
means
investigation
likely
resolve
matter
one
way
another
soon
lafave
search
seizure
moreover
unlike
seizure
dunaway
designed
provide
opportunity
interrogation
lead
dunaway
confession
seizure
case
likely
coercive
aspects
likely
induce
view
fact
respondent
leaving
house
officers
arrived
constitutional
significance
seizure
respondent
sidewalk
outside
intrusive
detention
residents
house
police
found
inside
fact
holding
today
deals
case
police
warrant
course
preclude
possibility
comparable
police
conduct
may
justified
exigent
circumstances
absence
warrant
question
however
presented
case
justice
jackson
recognized
significance
determination
johnson
point
fourth
amendment
often
grasped
zealous
officers
denies
law
enforcement
support
usual
inferences
reasonable
men
draw
evidence
protection
consists
requiring
inferences
drawn
neutral
detached
magistrate
instead
judged
officer
engaged
often
competitive
enterprise
ferreting
crime
assumption
evidence
sufficient
support
magistrate
disinterested
determination
issue
search
warrant
justify
officers
making
search
without
warrant
reduce
amendment
nullity
leave
people
homes
secure
discretion
police
officers
crime
even
privacy
one
quarters
course
grave
concern
society
law
allows
crime
reached
proper
showing
right
officers
thrust
home
also
grave
concern
individual
society
chooses
dwell
reasonable
security
freedom
surveillance
right
privacy
must
reasonably
yield
right
search
rule
decided
judicial
officer
policeman
government
enforcement
agent
footnotes
omitted
refusing
approve
seizures
based
less
probable
cause
dunaway
declined
adopt
multifactor
balancing
test
reasonable
police
conduct
circumstances
cover
seizures
amount
technical
arrests
noted
protections
intended
framers
easily
disappear
consideration
balancing
multifarious
circumstances
presented
different
cases
especially
balancing
may
done
first
instance
police
officers
engaged
often
competitive
enterprise
ferreting
crime
decide
whether
result
justified
search
warrant
merely
authorized
search
evidence
cf
zurcher
stanford
daily
see
also
stevens
dissenting
although
special
circumstances
possibly
prolonged
detention
might
lead
different
conclusion
unusual
case
persuaded
routine
detention
residents
house
searched
contraband
pursuant
valid
warrant
case
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justice
brennan
justice
marshall
join
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intrusive
arrest
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scrutiny
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amendment
ante
escalate
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kind
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protections
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amendment
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line
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ohio
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illinois
supra
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dunaway
new
york
terry
ohio
defined
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amendment
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illinois
perplexing
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holding
payton
new
york
arrest
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federal
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apartment
burglar
tools
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also
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hoc
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judgments
pose
serious
threat
fourth
fourteenth
amendment
protections
dunaway
new
york