United States v. Brignoni-Ponce

United States v. Brignoni-Ponce
Argued February 18, 1975
Decided June 30, 1975
Full case nameUnited States v. Brignoni-Ponce
Citations422 U.S. 873 (more)
95 S. Ct. 2574; 45 L. Ed. 2d 607; 1975 U.S. LEXIS 10
Case history
PriorCertiorari to the United States Court of Appeals for the Ninth Circuit
Holding
Border Patrol officers on roving patrols cannot stop a vehicle near border when the only ground for suspicion is that the occupants appear to be of Mexican ancestry.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityPowell, joined by Brennan, Stewart, Marshall, Rehnquist
ConcurrenceRehnquist
ConcurrenceBurger (in judgment), joined by Blackmun
ConcurrenceDouglas (in judgment)
ConcurrenceWhite (in judgment), joined by Blackmun
Laws applied
U.S. Const. amend. IV

United States v. Brignoni-Ponce, 422 U.S. 873 (1975), was a case in which the Supreme Court determined it was a violation of the Fourth Amendment for a roving patrol car to stop a vehicle solely on the basis of the driver appearing to be of Mexican descent.[1] A roving patrol car must have articulable facts that allow for an officer to have a reasonable suspicion that the person is carrying illegal aliens beyond their ethnicity. The Court handed down a 9–0 decision that affirmed the Circuit Court's ruling in the case.[2] This case was also the final case that William O. Douglas presided on, as he retired shortly after this case, ending his record 36 years as an Associate Justice.

  1. ^ Fragmomen Jr., Austin (1975). "Rights of Aliens Upon Arrest: Revisited". International Migration Review. Vol. 9, no. 3. p. 383. JSTOR
  2. ^ United States v. Brignoni-Ponce, 422 US 873 – Supreme Court 1975