Delaware v. Prouse

Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

440 U.S. 648

Jan. 17, 1979

Mar. 27, 1979

Legal Issue

Does a police officer violate the Fourth Amendment when they stop a vehicle and detain the driver only to check their driver’s license and registration and not based on any articulable and reasonable suspicion?

Holding

Yes, a suspicionless stop of a vehicle and detention of the driver in order to check the driver’s license and registration are unreasonable under the Fourth Amendment.

New Castle County police cruisers photographed in 1976 | Credit: John Randolf/Fotki

Background

On November 30, 1976, a New Castle County, Delaware, patrolman stopped William Prouse’s vehicle. As the patrolman approached the vehicle, he smelled “marihuana” smoke and he seized what was in plain view on the car floor. Prouse was arrested and subsequently indicted for illegal possession of a controlled substance.

At a hearing on Prouse’s motion to suppress the drugs seized during the stop, the patrolman testified that he made the stop only to check the driver’s license and registration of the driver and not for any observed traffic or equipment violations, nor any suspicious activity. The patrolman stated that the stop was “routine,” explaining that he “saw the car in the area and wasn’t answering any complaints, so I decided to pull them off.” The trial court granted the motion to suppress, finding the stop and detention to have been violative of the Fourth Amendment. On appeal, the Delaware Supreme Court affirmed, and the U.S. Supreme Court subsequently granted certiorari.

8 - 1 decision for Prouse

Delaware

Prouse

Marshall

Stewart

Brennan

Powell

Stevens

Rehnquist

White

Burger

Blackmun

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