Delaware v. Prouse

In Delaware v. Prouse, 440 U.S. 648 (1979), the police officer pulled over the defendant for no other reason but to conduct a spot check of the defendant's license and registration. The court held that stopping an automobile constitutes a "seizure" within the meaning of the Fourth Amendment to the U.S. Constitution and, therefore, a police officer must first observe either a traffic or equipment violation to justify an investigative stop. Id. at 663. The United States Supreme Court held unconstitutional the random stopping of motor vehicles, other than upon the basis of probable cause or reasonable suspicion of criminal activity. See id. at 662. The Court ruled that a person "operating or traveling in an automobile does not lose all reasonable expectation of privacy simply because the automobile and its use are subject to government regulation." Id. However, the Court went on to say: This holding does not preclude the . . . states from developing methods for spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion. Questioning of all oncoming traffic at roadblock-type stops is one possible alternative. We hold only that persons in automobiles on public roadways may not for that reason alone have their travel and privacy interfered with at the unbridled discretion of police officers. Id. at 663. The United States Supreme Court held that stopping a vehicle and detaining the driver to check his driver's license and registration is unreasonable under the Fourth Amendment, unless there exists an articulable and reasonable suspicion that the driver is unlicensed, the vehicle is unregistered, or the driver or vehicle is otherwise subject to seizure for violation of the law. Id. at 663. The Court, in addition, suggested that a roadblock with the purpose of verifying drivers' licenses and vehicle registrations would be permissible. The Court suggested that "questioning of all oncoming traffic at roadblock-type stops" would be a lawful means of serving the public's interest in highway safety. (440 U.S. at 663.)