United States v. Martinez-Fuerte
1976 United States Supreme Court case / From Wikipedia, the free encyclopedia
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United States v. Martinez-Fuerte, 428 U.S. 543 (1976), was a decision of the United States Supreme Court that allowed the United States Border Patrol to set up permanent or fixed checkpoints on public highways leading to or away from the Mexican border and that the checkpoints are not a violation of the Fourth Amendment.[1][2]
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Quick Facts United States v. Martinez-Fuerte, Argued April 26, 1976 Decided July 6, 1976 ...
United States v. Martinez-Fuerte | |
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Argued April 26, 1976 Decided July 6, 1976 | |
Full case name | United States v. Martinez-Fuerte, et al. |
Citations | 428 U.S. 543 (more) 96 S. Ct. 3074; 49 L. Ed. 2d 1116 |
Case history | |
Prior | 514 F.2d 308 (9th Cir. 1975); cert. granted, 423 U.S. 822 (1975). |
Holding | |
The Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning of the vehicle's occupants is consistent with the Fourth Amendment, and the stops and questioning may be made at reasonably located checkpoints in the absence of any individualized suspicion that the particular vehicle contains illegal aliens. | |
Court membership | |
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Case opinions | |
Majority | Powell, joined by Burger, Stewart, White, Blackmun, Rehnquist, Stevens |
Dissent | Brennan, joined by Marshall |
Laws applied | |
U.S. Const. amend. IV |
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