Michigan v. Long

Justice Blackmun,

concurring in part and concurring in the judgment.

I join Parts I, III, IV, and V of the Court’s opinion. While I am satisfied that the Court has jurisdiction in this particular case, I do not join the Court, in Part II of its opinion, in fashioning a new presumption of jurisdiction over cases coming here from state courts. Although I agree with the Court that uniformity in federal criminal law is desirable, I see little efficiency and an increased danger of advisory opinions in the Court’s new approach.

Justice Brennan, with whom Justice Marshall joins, dissenting.

The Court today holds that “the protective search of the passenger compartment” of the automobile involved in this case “was reasonable under the principles articulated in Terry and other decisions of this Court.” Ante, at 1035. I disagree. Terry v. Ohio, 392 U. S. 1 (1968), does not support the Court’s conclusion and the reliance on “other decisions” is patently misplaced. Plainly, the Court is simply continuing the process of distorting Terry beyond recognition and forcing it into service as an unlikely weapon against the Fourth Amendment’s fundamental requirement that searches and seizures be based on probable cause. See United States v. Place, 462 U. S. 696, 714-717 (1983) (BRENNAN, J., concurring in result). I, therefore, dissent. 1

*1055 On three occasions this Term I have discussed the limited scope of the exception to the probable-cause requirement created by Terry and its progeny. See Florida v. Royer, 460 U. S. 491, 509-511 (1983) (Brennan, J., concurring in result); Kolender v. Lawson, 461 U. S. 352, 364-365 (1983) (Brennan, J., concurring); United States v. Place, supra, at 711-717 (Brennan, J., concurring in result). I will not repeat those discussions here and note only that “Terry, and the cases that followed it, permit only brief investigative stops and extremely limited searches based on reasonable suspicion.” 462 U. S., at 714 . However, the Court’s opinion compels a detailed review of Terry itself.

In Terry , the Court confronted the “quite narrow question” of “whether it is always unreasonable for a policeman to seize a person and subject him to a limited search for weapons unless there is probable cause for an arrest.” 392 U. S., at 15 (emphasis supplied). Because the Court was dealing “with an entire rubric of police conduct. . . which historically [had] not been, and as a practical matter could not be, subjected to the warrant procedure,” id., at 20 , the Court tested the conduct at issue “by the Fourth Amendment’s general proscription against unreasonable searches and seizures.” Ibid. (footnote omitted). In considering the “reasonableness” of the conduct, the Court balanced “‘the need to search [or seize] against the invasion which the search [or seizure] entails.’” Id., at 21 , quoting Camara v. Municipal Court, 387 U. S. 523, 534-535, 536-537 (1967). It deserves emphasis that in discussing the “invasion” at issue, the Court stated that “[e]ven a limited search of the outer clothing for weapons constitutes a severe, though brief, intrusion upon cherished personal security....” 392 U. S., at 24-25 (emphasis supplied). Ultimately, the Court concluded that “there must be a narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has prob *1056 able cause to arrest the individual for a crime.” Id., at 27 (emphasis supplied). The Court expressed its holding as follows:

“We merely hold today that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others’ safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him.” Id., at 30 (emphasis supplied).

It is clear that Terry authorized only limited searches of the person for weapons. In light of what Terry said, relevant portions of which the Court neglects to quote, the Court’s suggestion that “Terry need not be read as restricting the preventive search to the person of the detained suspect,” ante, at 1047 (footnote omitted), can only be described as disingenuous. Nothing in Terry authorized police officers to search a suspect’s car based on reasonable suspicion. The Court confirmed this this very Term in United States v. Place, supra, where it described the search authorized by Terry as a “limited search for weapons, or ‘frisk’. ...” 462 U. S., at 702 . The search at issue in this case is a far cry from a “frisk” and certainly was not “limited.” 2

*1057 The Court’s reliance on Chimel v. California, 395 U. S. 752 (1969), and New York v. Belton, 453 U. S. 454 (1981), as support for its new “area search” rule within the context of a Terry stop is misplaced. In Chimel , the Court addressed the scope of a search incident to a lawful arrest, 395 U. S., at 753 , and held invalid the search at issue there because it “went far beyond the petitioner’s person and the area from within which he might have obtained either a weapon or something that could have been used as evidence against him.” Id., at 768 . Chimel stressed the need to limit the scope of searches incident to arrest and overruled two prior decisions of this Court validating overly broad searches. Ibid.

In Belton , the Court considered the scope of a search incident to the lawful custodial arrest of an occupant of an automobile. 453 U. S., at 455 . In this “particular and problematic context,” id., at 460, n. 3 , the Court held that “when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.” Id., at 460 (footnote omitted). 3

The critical distinction between this case and Terry on the one hand, and Chimel and Belton on the other, is that the latter two cases arose within the context of lawful custodial arrests supported by probable cause. 4 The Court in Terry expressly recognized the difference between a search incident to arrest and the “limited search for weapons,” 392 U. S., at 25 , involved in that case. The Court stated:

*1058 “[A search incident to arrest], although justified in part by the acknowledged necessity to protect the arresting officer from assault with a concealed weapon, ... is also justified on other grounds, . . . and can therefore involve a relatively extensive exploration of the person. A search for weapons in the absence of probable cause to arrest, however, must, like any other search, be strictly circumscribed by the exigencies which justify its initiation. . . . Thus it must be limited to that which is necessary for the discovery of weapons which might be used to harm the officer or others nearby, and may realistically be characterized as something less than a ‘full’ search, even though it remains a serious intrusion.

“. . . An arrest is a wholly different kind of intrusion upon individual freedom from a limited search for weapons, and the interests each is designed to serve are likewise quite different. An arrest is the initial stage of a criminal prosecution. It is intended to vindicate society’s interest in having its laws obeyed, and it is inevitably accompanied by future interference with the individual’s freedom of movement, whether or not trial or conviction ultimately follows. The protective search for weapons, on the other hand, constitutes a brief, though far from inconsiderable, intrusion upon the sanctity of the person.” Id., at 25-26 (footnote omitted).

In United States v. Robinson, 414 U. S. 218 (1973), the Court relied on the differences between searches incident to lawful custodial arrests and Terry “stop-and-frisk” searches to reject an argument that the limitations established in Terry should be applied to a search incident to arrest. 414 U. S., at 228 . The Court noted that “Terry clearly recognized the distinction between the two types of searches, and that a different rule governed one than governed the other,” id., at 233 , and described Terry as involving “stricter . . . standards,” 414 U. S., at 234 , than those governing searches incident to arrest. The Court went on to state:

*1059 “A custodial arrest of a suspect based on probable cause is a reasonable intrusion under the Fourth Amendment; that intrusion being lawful, a search incident to the arrest requires no additional justification. It is the fact of the lawful arrest which establishes the authority to search, and we hold that in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a ‘reasonable’ search under that Amendment.” Id., at 235 .

See also id., at 237-238 (Powell, J., concurring) (“The search incident to arrest is reasonable under the Fourth Amendment because the privacy interest protected by that constitutional guarantee is legitimately abated by the fact of arrest” (footnote omitted)); Gustafson v. Florida, 414 U. S. 260, 264 (1973).

As these cases recognize, there is a vital difference between searches incident to lawful custodial arrests and Terry protective searches. The Court deliberately ignores that difference in relying on principles developed within the context of intrusions supported by probable cause to arrest to construct an “area search” rule within the context of a Terry stop.

The Court denies that an “area search” is fundamentally inconsistent with Terry , see ante, at 1052, n. 16, stating:

“We have recognized that Terry searches are limited insofar as they may not be conducted in the absence of an articulable suspicion that the intrusion is justified, see e. g., Sibron v. New York, 392 U. S. 40, 65 (1968), and that they are protective in nature and limited to weapons, see Ybarra v. Illinois, 444 U. S. 85, 93-94 (1979). However, neither of these concerns is violated by our decision. To engage in an area search, which is limited to seeking weapons, the officer must have an articulable suspicion that the suspect is potentially dangerous.” Ibid.

*1060 This patently is no answer: respondent’s argument relates to the scope of the search, not to the standard that justifies it. The Court flouts Terry’s holding that Terry searches must be carefully limited in scope. See supra, at 1056. Indeed, the page in Sibron v. New York, 392 U. S. 40 (1968), cited by the Court states:

“Even assuming arguendo that there were adequate grounds to search Sibron for weapons, the nature and scope of the search conducted by Patrolman Martin were so clearly unrelated to that justification as to render the heroin inadmissible. The search for weapons approved in Terry consisted solely of a limited patting of the outer clothing of the suspect for concealed objects which might be used as instruments of assault. Only when he discovered such objects did the officer in Terry place his hands in the pockets of the men he searched. In this case, with no attempt at an initial limited exploration for arms, Patrolman Martin thrust his hand into Sibron’s pocket and took from him envelopes of heroin. His testimony shows that he was looking for narcotics, and he found them. The search was not reasonably limited in scope to the accomplishment of the only goal which might conceivably have justified its inception — the protection of the officer by disarming a potentially dangerous man.” Id., at 65 (emphasis supplied). 5

As this passage makes clear, the scope of a search is determined not only by reference to its purpose, but also by reference to its intrusiveness. Yet the Court today holds that a search of a car (and the containers within it) that is not even occupied by the suspect is only as intrusive as, or perhaps less intrusive than, thrusting a hand into a pocket after an *1061 initial patdown has suggested the presence of concealed objects that might be used as weapons.

The Court suggests no limit on the “area search” it now authorizes. The Court states that a “search of the passenger compartment of an automobile, limited to those areas in which a weapon may be placed or hidden, is permissible if the police officer possesses a reasonable belief based on ‘specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant’ the officers in believing that the suspect is dangerous and the suspect may gain immediate control of weapons.” Ante, at 1049 (footnote omitted). Presumably a weapon “may be placed or hidden” anywhere in a car. A weapon also might be hidden in a container in the car. In this case, the Court upholds the officer’s search of a leather pouch because it “could have contained a weapon.” Ante, at 1050-1051 (footnote omitted). In addition, the Court’s requirement that an officer have a reasonable suspicion that a suspect is armed and dangerous does little to check the initiation of an area search. In this case, the officers saw a hunting knife in the car, see ante, at 1036, 1050, but the Court does not base its holding that the subsequent search was permissible on the ground that possession of the knife may have been illegal under state law. See ante, at 1052-1053, n. 16. An individual can lawfully possess many things that can be used as weapons. A hammer, or a baseball bat, can be used as a very effective weapon. Finally, the Court relies on the following facts to conclude that the officers had a reasonable suspicion that respondent was presently dangerous: the hour was late; the area was rural; respondent had been driving at an excessive speed; he had been involved in an accident; he was not immediately responsive to the officers’ questions; and he appeared to be under the influence of some intoxicant. Ante, at 1050. Based on these facts, one might reasonably conclude that respondent was drunk. A drunken driver is indeed dangerous while driving, but not while stopped on the roadside by *1062 the police. Even when an intoxicated person lawfully has in his car an object that could be used as a weapon, it requires imagination to conclude that he is presently dangerous. Even assuming that the facts in this case justified the officers’ initial “frisk” of respondent, see ante, at 1035-1036, 1050-1051, and n. 15, they hardly provide adequate justification for a search of a suspect’s car and the containers within it. This represents an intrusion not just different in degree, but in kind, from the intrusion sanctioned by Terry . In short, the implications of the Court’s decision are frightening.

The Court also rejects the Michigan Supreme Court’s view that it “was not reasonable for the officers to fear that [respondent] could injure them, because he was effectively under their control during the investigative stop and could not get access to any weapons that might have been located in the automobile.” Ante, at 1051. In this regard, the Court states:

“[W]e stress that a Terry investigation, such as the one that occurred here, involves a police investigation ‘at close range,’ . . . when the officer remains particularly vulnerable in part because a full custodial arrest has not been effected, and the officer must make a ‘quick decision as to how to protect himself and others from possible danger.’ ... In such circumstances, we have not required that officers adopt alternative means to ensure their safety in order to avoid the intrusion involved in a Terry encounter.” Ante, at 1052 (footnote omitted; emphasis in original).

Putting aside the fact that the search at issue here involved a far more serious intrusion than that “involved in a Terry encounter,” see ibid., and as such might suggest the need for resort to “alternative means,” the Court’s reasoning is perverse. The Court’s argument in essence is that the absence of probable cause to arrest compels the conclusion that a broad search, traditionally associated in scope with a search incident to arrest, must be permitted based on reasonable suspicion. But United States v. Robinson , stated: “It is *1063 scarcely open to doubt that the danger to an officer is far greater in the case of the extended exposure which follows the taking of a suspect into custody and transporting him to the police station than in the case of the relatively fleeting contact resulting from the typical Terry-type stop.” 414 U. S., at 234-235. In light of Robinson’s observation, today’s holding leaves in grave doubt the question of whether the Court’s assessment of the relative dangers posed by given confrontations is based on any principled standard.

Moreover, the Court’s reliance on a “balancing” of the relevant interests to justify its decision, see ante, at 1051, is certainly inappropriate. In Dunaway v. New York, 442 U. S. 200 (1979), the Court stated that “[t]he narrow intrusions involved in [Terry and its progeny] were judged by a balancing test rather than by the general principle that Fourth Amendment seizures must be supported by the ‘long-prevailing standards’ of probable cause, . . . only because these intrusions fell far short of the kind of intrusion associated with an arrest.” Id., at 212 . The intrusion involved in this case is precisely “the kind of intrusion associated with an arrest.” There is no justification, therefore, for “balancing” the relevant interests.

In sum, today’s decision reflects once again the threat to Fourth Amendment values posed by “balancing.” See United States v. Place, 462 U. S., at 717-719 (Brennan, J., concurring in result). As Justice Frankfurter stated in United States v. Rabinowitz, 339 U. S. 56 (1950):

“To say that the search must be reasonable is to require some criterion of reason. It is no guide at all either for a jury or for district judges or the police to say that an ‘unreasonable search’ is forbidden — that the search must be reasonable. What is the test of reason which makes a search reasonable? The test is the reason underlying and expressed by the Fourth Amendment: the history and the experience which it embodies and the safeguards afforded by it against the evils to which it was a response.” Id., at 83 (dissenting opinion).

*1064 Hornbook law has been that “the police may not conduct a search unless they first convince a neutral magistrate that there is probable cause to do so.” New York v. Belton, 453 U. S., at 457 . While under some circumstances the police may search a car without a warrant, see, e. g., Carroll v. United States, 267 U. S. 132 (1925), “the exception to the warrant requirement established in Carroll. . . applies only to searches of vehicles that are supported by probable cause.” United States v. Ross, 456 U. S. 798, 809 (1982) (footnote omitted). “[T]he Court in Carroll emphasized the importance of the requirement that officers have probable cause to believe that the vehicle contains contraband.” Id., at 807-808 . See also Almeida-Sanchez v. United States, 413 U. S. 266, 269 (1973) (“Automobile or no automobile, there must be probable cause for the search” (footnote omitted)). Today the Court discards these basic principles and employs the very narrow exception established by Terry “to swallow the general rule that Fourth Amendment [searches of cars] are 'reasonable’ only if based on probable cause.” 6 Dunaway v. New York, supra, at 213. See also United States v. Place, supra, at 718-719 (Brennan, J., concurring in result).

Today’s decision disregards the Court’s warning in Almeida-Sanchez : “The needs of law enforcement stand in constant tension with the Constitution’s protections of the individual against certain exercises of official power. It is precisely the predictability of these pressures that counsels a resolute loyalty to constitutional safeguards.” 413 U. S., at 273 . Of course, police should not be exposed to unnecessary danger in the performance of their duties. But a search of a car and the containers within it based on nothing more than reasonable suspicion, even under the circumstances present *1065 here, cannot be sustained without doing violence to the requirements of the Fourth Amendment. There is no reason in this case why the officers could not have pursued less intrusive, but equally effective, means of insuring their safety. 7 Cf. United States v. Place, supra, at 715-716 ; Florida v. Royer, 460 U. S., at 511 , n. (Brennan, J., concurring in result). The Court takes a long step today toward “balancing” into oblivion the protections the Fourth Amendment affords. I dissent, for as Justice Jackson said in Brinegar v. United States, 338 U. S. 160 (1949):

“[Fourth Amendment rights] are not mere second-class rights but belong in the catalog of indispensable freedoms. Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart. Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government.” Id., at 180 (dissenting opinion).

Justice Stevens, dissenting.

The jurisprudential questions presented in this case are far more important than the question whether the Michigan police officer’s search of respondent’s car violated the Fourth Amendment. The case raises profoundly significant questions concerning the relationship between two sovereigns— the State of Michigan and the United States of America.

The Supreme Court of the State of Michigan expressly held “that the deputies’ search of the vehicle was proscribed by the Fourth Amendment to the United States Constitution and art 1, §11 of the Michigan Constitution.” 413 Mich. 461, 472-473 , 320 N. W. 2d 866, 870 (1982) (emphasis added). *1066 The state law ground is clearly adequate to support the judgment, but the question whether it is independent of the Michigan Supreme Court’s understanding of federal law is more difficult. Four possible ways of resolving that question present themselves: (1) asking the Michigan Supreme Court directly, (2) attempting to infer from all possible sources of state law what the Michigan Supreme Court meant, (3) presuming that adequate state grounds are independent unless it clearly appears otherwise, or (4) presuming that adequate state grounds are not independent unless it clearly appears otherwise. This Court has, on different occasions, employed each of the first three approaches; never until today has it even hinted at the fourth. In order to “achieve the consistency that is necessary,” the Court today undertakes a reexamination of all the possibilities. Ante, at 1039. It rejects the first approach as inefficient and unduly burdensome for state courts, and rejects the second approach as an inappropriate expenditure of our resources. Ante, at 1039-1040. Although I find both of those decisions defensible in themselves, I cannot accept the Court’s decision to choose the fourth approach over the third — to presume that adequate state grounds are intended to be dependent on federal law unless the record plainly shows otherwise. I must therefore dissent.

If we reject the intermediate approaches, we are left with a choice between two presumptions: one in favor of our taking jurisdiction, and one against it. Historically, the latter presumption has always prevailed. See, e. g., Durley v. Mayo, 351 U. S. 277, 285 (1956); Stembridge v. Georgia, 343 U. S. 541, 547 (1952); Lynch v. New York ex rel. Pierson, 293 U. S. 52 (1934). The rule, as succinctly stated in Lynch , was as follows:

“Where the judgment of the state court rests on two grounds, one involving a federal question and the other not, or if it does not appear upon which of two grounds the judgment was based, and the ground independent of a federal question is sufficient in itself to sustain it, this *1067 Court will not take jurisdiction. Allen v. Arguimbau, 198 U. S. 149, 154, 155 ; Johnson v. Risk, [ 137 U. S. 300, 306, 307 ]; Wood Mowing & Reaping Machine Co. v. Skinner, [ 139 U. S. 293, 295, 297 ]; Consolidated Turnpike Co. v. Norfolk & Ocean View Ry. Co., 228 U. S. 596, 599 ; Cuyahoga River Power Co. v. Northern Realty Co., 244 U. S. 300, 302, 304 .” Id., at 54-55.

The Court today points out that in several cases we have weakened-the traditional presumption by using the other two intermediate approaches identified above. Since those two approaches are now to be rejected, however, I would think that stare decisis would call for a return to historical principle. Instead, the Court seems to conclude that because some precedents are to be rejected, we must overrule them all. 1

Even if I agreed with the Court that we are free to consider as a fresh proposition whether we may take presumptive jurisdiction over the decisions of sovereign States, I could not agree that an expansive attitude makes good sense. It appears to be common ground that any rule we adopt should show “respect for state courts, and [a] desire to avoid advisory opinions.” Ante, at 1040. And I am confident that all Members of this Court agree that there is a vital interest in the sound management of scarce federal judicial resources. All of those policies counsel against the exercise of federal jurisdiction. They are fortified by my belief that a policy of judicial restraint — one that allows other decisional bodies to have the last word in legal interpretation until it is truly necessary for this Court to intervene — enables this Court to make its most effective contribution to our federal system of government.

The nature of the case before us hardly compels a departure from tradition. These are not cases in which an American citizen has been deprived of a right secured by the United *1068 States Constitution or a federal statute. Rather, they are cases in which a state court has upheld a citizen’s assertion of a right, finding the citizen to be protected under both federal and state law. The attorney for the complaining party is an officer of the State itself, who asks us to rule that the state court interpreted federal rights too broadly and “overprotected” the citizen.

Such cases should not be of inherent concern to this Court. The reason may be illuminated by assuming that the events underlying this case had arisen in another country, perhaps the Republic of Finland. If the Finnish police had arrested a Finnish citizen for possession of marihuana, and the Finnish courts had turned him loose, no American would have standing to object. If instead they had arrested an American citizen and acquitted him, we might have been concerned about the arrest but we surely could not have complained about the acquittal, even if the Finnish court had based its decision on its understanding of the United States Constitution. That would be true even if we had a treaty with Finland requiring it to respect the rights of American citizens under the United States Constitution. We would only be motivated to intervene if an American citizen were unfairly arrested, tried, and convicted by the foreign tribunal.

In this case the State of Michigan has arrested one of its citizens and the Michigan Supreme Court has decided to turn him loose. The respondent is a United States citizen as well as a Michigan citizen, but since there is no claim that he has been mistreated by the State of Michigan, the final outcome of the state processes offended no federal interest whatever. Michigan simply provided greater protection to one of its citizens than some other State might provide or, indeed, than this Court might require throughout the country.

I believe that in reviewing the decisions of state courts, the primary role of this Court is to make sure that persons who seek to vindicate federal rights have been fairly heard. That belief resonates with statements in many of our prior cases.

*1069 In Abie State Bank v. Bryan, 282 U. S. 765 (1931), the Supreme Court of Nebraska had rejected a federal constitutional claim, relying in part on the state law doctrine of laches. Writing for the Court in response to the Nebraska Governor’s argument that the Court should not accept jurisdiction because laches provided an independent ground for decision, Chief Justice Hughes concluded that this Court must ascertain for itself whether the asserted nonfederal ground independently and adequately supported the judgment “in order that constitutional guaranties may appropriately be enforced.” Id., at 773 . He relied on our earlier opinion in Union Pacific R. Co. v. Public Service Comm’n of Missouri, 248 U. S. 67 (1918), in which Justice Holmes had made it clear that the Court engaged in such an inquiry so that it would not “be possible for a State to impose an unconstitutional burden” on a private party. Id., at 70 . And both Abie and Union Pacific rely on Creswill v. Knights of Pythias, 225 U. S. 246, 261 (1912), in which the Court explained its duty to review the findings of fact of a state court “where a Federal right has been denied.”

Until recently we had virtually no interest in cases of this type. Thirty years ago, this Court reviewed only one. Nevada v. Stacker, 346 U. S. 906 (1953). Indeed, that appears to have been the only case during the entire 1953 Term in which a State even sought review of a decision by its own judiciary. Fifteen years ago, we did not review any such cases, although the total number of requests had mounted to three. 2 Some time during the past decade, perhaps about *1070 the time of the 5-to-4 decision in Zacchini v. Scripps-Howard Broadcasting Co., 433 U. S. 562 (1977), our priorities shifted. The result is a docket swollen with requests by States to reverse judgments that their courts have rendered in favor of their citizens. 3 I am confident that a future Court will recognize the error of this allocation of resources. When that day comes, I think it likely that the Court will also reconsider the propriety of today’s expansion of our jurisdiction.

The Court offers only one reason for asserting authority over cases such as the one presented today: “an important need for uniformity in federal law [that] goes unsatisfied when we fail to review an opinion that rests primarily upon federal grounds and where the independence of an alleged state ground is not apparent from the four corners of the opinion.” Ante, at 1040 (emphasis omitted). Of course, the supposed need to “review an opinion” clashes directly with our oft-repeated reminder that “our power is to correct wrong judgments, not to revise opinions.” Herb v. Pitcairn, 324 U. S. 117, 126 (1945). The clash is not merely one of form: the “need for uniformity in federal law” is truly an ungovernable engine. That same need is no less present when *1071 it is perfectly clear that a state ground is both independent and adequate. In fact, it is equally present if a state prosecutor announces that he believes a certain policy of nonenforcement is commanded by federal law. Yet we have never claimed jurisdiction to correct such errors, no matter how egregious they may be, and no matter how much they may thwart the desires of the state electorate. We do not sit to expound our understanding of the Constitution to interested listeners in the legal community; we sit to resolve disputes. If it is not apparent that our views would affect the outcome of a particular case, we cannot presume to interfere. 4

*1072 Finally, I am thoroughly baffled by the Court’s suggestion that it must stretch its jurisdiction and reverse the judgment of the Michigan Supreme Court in order to show “[r]espect for the independence of state courts.” Ante, at 1040. Would we show respect for the Republic of Finland by convening a special sitting for the sole purpose of declaring that its decision to release an American citizen was based upon a misunderstanding of American law?

I respectfully dissent.

I agree that the Court has jurisdiction to decide this case. See ante, at 1044-1045, n. 10.

Neither Pennsylvania v. Mimms, 434 U. S. 106 (1977), nor Adams v. Williams, 407 U. S. 143 (1972), provides any support for the Court’s conclusion in this case. The Terry searches in Mimms and Adams were both limited and involved only searches of the person. See 434 U. S., at 111-112 ; 407 U. S., at 146, 148 .

The Court went on to state that “the police may also examine the contents of any containers found within the passenger compartment, for if the passenger compartment is within reach of the arrestee, so also will containers in it be within his reach.” 453 U. S. 460 (footnote omitted).

There was no arrest before the search in this case, see ante, at 1035, n. 1, and the Court does not address whether the police may conduct a search as broad as those authorized by Belton and United States v. Ross, 456 U. S. 798 (1982), if they have probable cause to arrest, but do not actually effect the arrest. See ante, at 1035, n. 1.

See also Ybarra v. Illinois, 444 U. S. 85, 93 (1979) (“Under [Terry] a law enforcement officer, for his own protection and safety, may conduct a patdown to find weapons that he reasonably believes or suspects are then in the possession of the person he has accosted” (emphasis supplied)).

Of course, the Court’s decision also swallows the general rule that searches of containers must be based on probable cause. Without probable cause to search the car, United States v. Ross does not apply. See 466 U. S., at 825. Moreover, in the absence of a lawful custodial arrest, see n. 4, supra, New York v. Belton does not apply. See 453 U. S., at 460 ; supra, at 1057-1058.

The police, for example, could have continued to detain respondent outside the car and asked him to tell them where his registration was. The police then could have retrieved the registration themselves. This would have resulted in an intrusion substantially less severe than the one at issue here.

A sampling of the cases may be found in the footnotes to my dissenting opinion in South Dakota v. Neville, 459 U. S. 553, 566 (1983). See also n. 4, infra.

In Commonwealth v. Dell Publications, Inc., 427 Pa. 189 , 233 A. 2d 840 (1967), the Supreme Court of Pennsylvania held that the First and Fourteenth Amendments protected the defendant’s right to publish and distribute the book “Candy.” The Commonwealth petitioned to this Court, and we denied certiorari. 390 U. S. 948 (1968). In People v. Noroff, 67 Cal. 2d 791 , 433 P. 2d 479 (1967), the Supreme Court of California held that the First and Fourteenth Amendments protected the defendant’s right to distribute a magazine called “International Nudist Sun.” The *1070 State petitioned to this Court, and we denied certiorari. 390 U. S. 1012 (1968). In State v. Franc, 165 Colo. 69 , 437 P. 2d 48 (1968), the Supreme Court of Colorado held that under Colorado law title in a certain piece of property should be quieted in a citizen. The State petitioned to this Court, and we denied certiorari. 392 U. S. 928 (1968).

This Term, we devoted argument time to Florida v. Royer, 460 U. S. 491 (1983); Illinois v. Gates, 462 U. S. 213 (1983) (argued twice); Connecticut v. Johnson, 460 U. S. 73 (1983); Missouri v. Hunter, 459 U. S. 359 (1983); South Dakota v. Neville, 459 U. S. 553 (1983); Texas v. Brown, 460 U. S. 730 (1983); California v. Ramos, ante, p. 992; Florida v. Casal, 462 U. S. 637 (1983); City of Revere v. Massachusetts General Hospital, ante, p. 239; Oregon v. Bradshaw, 462 U. S. 1039 (1983); Illinois v. Andreas, ante, p. 765; Illinois v. Lafayette, 462 U. S. 640 (1983), as well as this case. And a cursory survey of the United States Law Week index reveals that so far this Term at least 80 petitions for certiorari to state courts were filed by the States themselves.

In this regard, one of the eases overruled today deserves comment. In Minnesota v. National Tea Co., 309 U. S. 551 (1940), the Court considered a ease much like this one — the Minnesota Supreme Court had concluded that both the Fourteenth Amendment to the United States Constitution and Art. 9, § 1, of the Minnesota Constitution prohibited a graduated income tax on chainstore income. The state court stated that “th[e] provisions of the Federal and State Constitutions impose identical restrictions upon the legislative power of the state in respect to classification for purposes of taxation,” and “then adverted briefly to three of its former decisions which had interpreted” the state provision. 309 U. S., at 552-553 . It then proceeded to conduct a careful analysis of the Federal Constitution. It could justly be said that the decision rested primarily on federal law. Cf. ante, at 1042. The majority of the Court reasoned as follows:

“Enough has been said to demonstrate that there is considerable uncertainty as to the precise grounds for the decision. That is sufficient reason for us to decline at this time to review the federal question asserted to be present, Honeyman v. Hamm, 300 U. S. 14 , consistently with the policy of not passing upon questions of a constitutional nature which are not clearly necessary to a decision of the ease.” 309 U. S., at 555 .

The Court therefore remanded to the state court for clarification.

Today’s Court rejects that approach as intruding unduly on the state judicial process. One might therefore expect it to turn to Chief Justice Hughes’ dissenting opinion in National Tea. In a careful statement of the applicable principles, he made an observation that I find unanswerable:

“The fact that provisions of the state and federal constitutions may be similar or even identical does not justify us in disturbing a judgment of a state court which adequately rests upon its application of the provisions of *1072 its own constitution. That the state court may be influenced by the reasoning of our opinions makes no difference. The state court may be persuaded by majority opinions in this Court or it may prefer the reasoning of dissenting judges, but the judgment of the state court upon the application of its own constitution remains a judgment which we are without jurisdiction to review. Whether in this case we thought that the state tax was repugnant to the federal constitution or consistent with it, the judgment of the state court that the tax violated the state constitution would still stand. It cannot be supposed that the Supreme Court of Minnesota is not fully .conscious of its independent authority to construe the constitution of the State, whatever reasons it may adduce in so doing.” Id,., at 558-559.