NCJ Number
58486
Journal
LEGAL POINTS Issue: 97 Dated: (1979) Pages: COMPLETE ISSUE
Date Published
1979
Length
4 pages
Annotation
IMPACT OF THE U.S. SUPREME COURT CASE OF DELAWARE V. PROUSE (1979) ON RANDOM VEHICLE STOPS BY POLICE IS HIGHLIGHTED; GUIDELINES FOR DETERMINING LEGALITY OF PROCEDURES ARE EXPLORED.
Abstract
ON MARCH 27, 1979, THE U.S. SUPREME COURT HELD IN DELAWARE V. PROUSE, 47 U.S.L.W. 4323 (1979), THAT EXCEPT IN THOSE SITUATIONS IN WHICH THERE IS REASONABLE SUSPICION THAT A MOTORIST IS UNLICENSED OR THAT AN AUTOMOBILE IS UNREGISTERED, OR EITHER THE VEHICLE OR THE OCCUPANT IS OTHERWISE SUBJECT TO SEIZURE FOR VIOLATION OF LAW, STOPPING AN AUTOMOBILE AND DETAINING THE DRIVER TO CHECK HIS DRIVER'S LICENSE AND THE REGISTRATION OF THE AUTOMOBILE ARE UNREASONABLE UNDER THE FOURTH AMENDMENT. AT ISSUE IN THE PROUSE CASE WAS THE LEGALITY OF THE STOP TO CONDUCT THE LICENSE AND REGISTRATION CHECK. SINCE RANDOM STOPS ARE, BY DEFINITION, CONDUCTED WITHOUT PRIOR PLAN, THEY ARE CLEARLY UNLAWFUL IN TERMS OF STRICT APPLICATION OF THE FOURTH AMENDMENT. HOWEVER, THE COURT APPEARS TO BE LEAVING OPEN THE OPPORTUNITY TO FORMULATE STANDARDS, IF SUFFICIENTLY 'SUBSTANTIAL AND OBJECTIVE', THAT CAN BE UTILIZED INSTEAD OF PREVIOUS REQUIREMENTS. AS STRUCTURED BY PROUSE, AN ENFORCEMENT SCHEME MUST PASS TWO TESTS. FIRST, IT MUST SUFFICIENTLY LIMIT THE DISCRETION OF THE SEARCHING OFFICER IN CHOOSING THE OBJECT OF THE SEARCH. SECOND, IT MUST NOT BE OVERLY INTRUSIVE ON AN INDIVIDUAL'S FOURTH AMENDMENT RIGHT TO BE SECURE FROM UNREASONABLE SEARCHES. THREE METHODS OF SEARCH REMAIN LAWFUL AFTER PROUSE. THE FULL ROADBLOCK, WHERE ALL CARS ARE STOPPED AT A GIVEN POINT AND ALL LICENSES AND REGISTRATIONS ARE CHECKED, IS ACCEPTABLE. THE MARTINE-FUERTE ROADBLOCK, WHERE TRAFFIC IS SLOWED AND ONLY SOME VEHICLES ARE ACTUALLY PULLED OVER FOR A FURTHER SEARCH, IS LAWFUL. FINALLY, THE STOP BASED UPON SPECIFIC FACTS IS STILL LAWFUL. HOWEVER, A STATE IS NOT LIMITED TO THESE THREE PROCEDURES AND MAY DEVELOP OTHERS SO LONG AS DISCRETION OF THE SEARCHING OFFICIAL IS RESTRAINED AND INTRUSION ON THE INDIVIDUAL KEPT TO A MINIMUM. FOOTNOTES ARE PROVIDED. (LWM)