Opinion

Sibron v. New York

  • 392 U.S. 40
  • 44 Ohio Op. 2d 402
  • 88 S. Ct. 1889
  • 20 L. Ed. 2d 917
  • 1968 U.S. LEXIS 1346
Court
Supreme Court of the United States
Filed
Jun 10, 1968
Status
Published
Author
Fortas
On the bench
Warren, Douglas, White, Fortas, Harlan, Black
Cited by
3,502 cases
Authority
More cited than 24.1%

holding that “[n]othing resembling probable cause existed” when an officer merely observed an individual talking to a number of known narcotics addicts, did not know the nature of the conversations, and saw nothing pass between them; the inference that persons who talk to addicts are engaged in drug trafficking “is simply not the sort of reasonable inference required to support an intrusion by the police upon an individual’s security.”

How later courts described this case

  • holding that “[n]othing resembling probable cause existed” when an officer merely observed an individual talking to a number of known narcotics addicts, did not know the nature of the conversations, and saw nothing pass between them; the inference that persons who talk to addicts are engaged in drug trafficking “is simply not the sort of reasonable inference required to support an intrusion by the police upon an individual’s security.”
  • stating 12 that “deliberately furtive actions and flight at the approach of strangers or law officers 13 are strong indicia of mens rea, and when coupled with specific knowledge on the part 14 of the officer relating the suspect to the evidence of crime, they are proper factors to 15 be considered in the decision to make an arrest”
  • stating that “deliberately furtive actions and flight at the approach of strangers or law officers are strong indicia of mens rea, and when coupled with specific knowledge on the part of the officer relating the suspect to the evidence of crime, they are proper factors to be considered in the decision to make an arrest”
  • explaining that because of the Fourth Amendment’s reasonableness re- Cite as: 576 U. S. ____ (2015) 5 ALITO, J., dissenting quirement, “[t]he constitutional validity of a warrantless search is pre-eminently the sort of question which can only be decided in the concrete factual context of the individual case”

Written by the judges who cited it.

Distinguished

  • Distinguished by State v. Davis, 08ap-102 (11-6-2008), 2008 Ohio 5756 (2008)

    {¶ 20} Defendant's reliance upon Bowyer and Sibron in this case is unavailing because those cases are factually distinguishable from the present case.
    Ohio Court of AppealsNov 6, 2008Read it
  • Distinguished by United States v. Robert Craig and Peter v. Pappas, United States of America v. Frank P. North, Jr., and Estate of Jack E. Walker, 907 F.2d 653 (1990)

    id. at 50-58, 88 S.Ct. at 1896-1900, and its decision is inapposite to the issue in this case.
    Court of Appeals for the Seventh CircuitJul 16, 1990Read it
  • Distinguished by Nixon v. United States, 1979 D.C. App. LEXIS 382 (1979)

    Those decisions, properly reflecting the teaching of Terry and its companion, Sibron v. New York, 392 U.S. 40, 63-64, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968), are inapposite given the context and scope of this particular stop.
    District of Columbia Court of AppealsJun 5, 1979Read it
  • Distinguished by State v. Singleton, 1977 Mo. App. LEXIS 2754 (1977)

    Sibron, 88 S.Ct. 1889, relied upon by appellant, is distinguishable on facts indicating a search to discover evidence instead of weapons under circumstances not justifying a reasonable fear for the officer’s or others’ safety.
    Missouri Court of AppealsDec 27, 1977Read it

The opinion

Mr. Justice Fortas,

concurring.

1. I would construe St. Pierre v. United States, 319 U. S. 41 (1943), in light of later cases, to mean that a criminal case is moot if it appears that no collateral legal consequences will be imposed on the basis of the challenged conviction. (Cf. majority opinion, ante, at 57-58.)

2. I join without qualification in the Court’s judgment and opinion concerning the standards to be used in determining whether § 180-a as applied to particular situations is constitutional. But I would explicitly reserve the possibility that a statute purporting to authorize a warrantless search might be so extreme as to justify our concluding that it is unconstitutional “on its face,” regardless of the facts of the particular case. To the extent that the Court’s opinion may indicate the contrary, I disagree. (Cf. majority opinion, ante, at 59-62.)

3. In Sibron’s case (No. 63), I would conclude that we find nothing in the record of this case or pertinent principles of law to cause us to disregard the confession of error by counsel for Kings County. I would not discourage confessions of error nor would I disregard them. (Cf. majority opinion, pt. II, ante, at 58-59.)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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