United States v. Ortiz, 422 U.S. 891 (1975)

United States v. Ortiz


No. 73-2050


Argued February 18, 1975
Decided June 30, 1975
422 U.S. 891

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

The Fourth Amendment held to forbid Border Patrol officers, in the absence of consent or probable cause, to search private vehicles at traffic checkpoints removed from the border and its functional equivalents, and for this purpose there is no difference between a checkpoint and a roving patrol. Almeida-Sanchez v. United States, 413 U.S. 266, followed. Pp. 892-898.

Affirmed.

POWELL, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, STEWART, MARSHALL, and REHNQUIST, JJ., joined. REHNQUIST, J., filed a concurring opinion, post, p. 898. BURGER, C.J., filed an opinion concurring in the judgment, in which BLACKMUN, J., joined, post, p. 899. WHITE, J., filed an opinion concurring in the judgment, in which BLACKMUN, J., joined, post, p. 914.