Opinion

Maryland v. Dyson

  • 527 U.S. 465
  • 119 S. Ct. 2013
  • 144 L. Ed. 2d 442
  • 1999 U.S. LEXIS 4200
Court
Supreme Court of the United States
Filed
Jun 21, 1999
Status
Published
Author
Breyer
On the bench
Breyer
Cited by
642 cases

explaining that AIf a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment . . . permits police to search the whole vehicle without more@ and rejecting the proposition that exigent circumstances are necessary to trigger the Aautomobile exception@ to the warrant requirement

How later courts described this case

  • explaining that AIf a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment . . . permits police to search the whole vehicle without more@ and rejecting the proposition that exigent circumstances are necessary to trigger the Aautomobile exception@ to the warrant requirement
  • explaining that “If a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment . . . permits police to search the whole vehicle without more” and rejecting the proposition that exigent circumstances are necessary to trigger the “automobile exception” to the warrant requirement
  • holding that probable cause supported police search of a vehicle when a “reliable confidential informant” told officers that “a rented red Toyota” with a particular license number would contain drugs
  • holding exigent circumstances need not exist, be yond a vehicle’s inherent mobility, and probable cause to believe the vehicle contains contraband

Written by the judges who cited it.

The opinion

*468 Justice Breyer,

with whom Justice Stevens joins, dissenting.

I agree that the Court’s per curiam opinion correctly states the law, but because respondent’s counsel is not a member of this Court’s bar and did not wish to become one, respondent has not filed a brief in opposition to the petition for certiorari. I believe we should not summarily reverse in a criminal case, irrespective of the merits, where the respondent is represented by a counsel unable to file a response, without first inviting an attorney to file a brief as amicus curiae in response to the petition for certiorari. For this reason, I dissent.

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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