Argument of Chief Justice Rehnquist
Mr. Rehnquist: I have the opinion of the Court to announce in No.03-1423, Muehler against Mena.
During a search of the premises occupied by respondent, she was detained and handcuffs and questioned about her immigration status.
The Court of Appeals for the Ninth Circuit found that the use of handcuffs and the questioning violated the Fourth Amendment rights.
We granted certiorari and now reverse.
First, Mena's disambient was plainly permissible under our opinion in Michigan against Summers, and the use of handcuffs to effectuate the detention was reasonable.
Second, the officer’s questioning of Mena did not violate the Fourth Amendment because it was not an independent seizure.
The judgment of the Court of Appeals is vacated and the case remanded for further proceedings consistent with this opinion.
Justice Kennedy has filed a concurring opinion; Justice Stevens filed an opinion concurring in the judgment in which Justices Souter, Ginsburg, and Breyer join.
