Delaware v. Prouse
- Decided
- March 27, 1979
- Docket
- 77-1571
- Status
- Published
- Jurisdiction
- Federal
Cited 5,549 timesDisapproved (not yet verified)Possible negative treatment: disapproved (not yet verified) · State v. Everson
What later courts said
- concluding that "discretionary spot checks,” that is, random stops not based on individualized suspicion, do not serve that goal — State v. Gulick (2000)
- recognizing that observed violations provide the “quantum of individualized suspicion” necessary to ensure that police discretion is sufficiently constrained — United States v. Tony L. Holloman (1997)
- holding that, absent reasonable suspicion, "detaining the driver in order to check his driver's license" is a Fourth Amendment violation — State v. Heather Jan VanBeek (2021)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*650] Mr. Justice White delivered the opinion of the Court.
The question is whether it is an unreasonable seizure under the Fourth and Fourteenth Amendments to stop an automobile, being driven on a public highway, for the purpose of checking the driving license of the operator and the registration of the car, where there is neither probable cause to believe nor reasonable suspicion that the car is being driven contrary to the laws governing the operation of motor vehicles or that either the car or any of its occupants is subject to seizure or detention in connection with the violation of any other applicable law.
I
Cite this
Delaware v. Prouse, 440 U.S. 648 (1979)Read the full opinion
Reading the library on this site uses your account’s daily calls, the same as the connector and the API. The Free plan needs no card. Calls a day on each plan.