# Delaware v. Prouse

> Supreme Court of the United States · March 27, 1979 · 440 U.S. 648

URL: https://www.frixlaw.com/law-library/cases/9427510

## Case

- **Full name:** Delaware v. Prouse
- **Court:** Supreme Court of the United States
- **Decided:** March 27, 1979
- **Citations:** 440 U.S. 648; 99 S. Ct. 1391; 59 L. Ed. 2d 660; 1979 U.S. LEXIS 80
- **Precedential status:** Published
- **Opinion:** Concurrence by Blackmun
- **Judges:** Blackmun, Brennan, Burger, Marshall, Powell, Rehnquist, Stewart, White
- **Cited by:** 4,615 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Declined to follow by United States v. Fort, 248 F.3d 475 (2001).
- Negative treatments: 2
- Distinguished by: 6
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9427510

## How later opinions describe it (automated extraction)

- holding that except in situations in which there is at least articulable and reasonable suspiciorr that a nrotorist is unlicensed or that an autonrobile is not registered, or that eithcr the vehicle or an occupant is otherwisc subject to seizurc for violation of law, stopping …
- holding that that "except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, …
- holding that “except in those situations in which there is at least articulable and reasonable suspicion . . . stopping an automobile and detaining the driver in order to check his driver’s license and registration . . . are unreasonable under the Fourth Amendment. This holdin…
- holding that "except in those situations in which there is at least, articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stop…
- Holding that "except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopp…

## Opinion text

MR. Justice Blackmun,
with whom Mr. Justice Powell joins,
concurring.
The Court, ante, this page, carefully protects from the reach of its decision other less intrusive spot checks “that do not in *664 volve the unconstrained exercise of discretion.” The roadblock stop for all traffic is given as an example. I necessarily assume that the Court’s reservation also includes other not purely random stops (such as every 10th car to pass a given point) that equate with, but are less intrusive than, a 100% roadblock stop. And I would not regard the present case as a precedent that throws any constitutional shadow upon the necessarily somewhat individualized and perhaps largely random examinations by game wardens in the performance of their duties. In a situation of that type, it seems to me, the Court’s balancing process, and the value factors under consideration, would be quite different.
With this understanding, I join the Court’s opinion and its judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9427510. Public record. Not legal advice.