The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, January 17, 1979
Decision: Tuesday, March 27, 1979
Issues: Criminal Procedure, Search and Seizure, Vehicles
Categories: criminal, fourth amendment, jurisdiction, searches and seizures

Advocates

David M. Lukoff (Argued the cause for the respondent)
Charles M. Oberly, III (Argued the cause for the petitioner)

Facts of the Case

A Delaware patrolman stopped William Prouse's car to make a routine check of his driver's license and vehicle registration. The officer had not observed any traffic violation or suspicious conduct on the part of Prouse. After stopping the car, the officer uncovered marijuana. The marijuana was later used to indict Prouse.

Question

Did the officer's search of Prouse's automobile constitute an unreasonable search and seizure under the Fourth Amendment?

Conclusion

Yes. In an 8-to-1 decision, the Court held that the privacy interests of travelers outweighed the state interests in discretionary spot checks of automobiles. The Court found that random checks made only marginal contributions to roadway safety and compliance with registration requirements; less intrusive means could have been used to serve the same ends. Officers must be held to a "probable cause" standard for searches, otherwise individuals would be subject to "unfettered governmental intrusion" each time they entered an automobile.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 8 votes for Prouse, 1 vote(s) against
Legal Provision: Amendment 4: Fourth Amendment
Voted with the majority
Burger
Voted with the majority
Brennan
Voted with the majority
Stewart
Wrote the majority opinion
White
Voted with the majority
Marshall
Wrote a regular concurrence
Blackmun
Voted with the majority, joined Blackmun's concurrence
Powell
Wrote a dissent
Rehnquist
Voted with the majority
Stevens
Full Opinion by Justice Byron R. White

Cite this page

The Oyez Project, Delaware v. Prouse, 440 U.S. 648 (1979),
available at: <http://www.oyez.org/cases/1970-1979/1978/1978_77_1571/>
(last visited ).