Delaware v. Prouse Case Brief

Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391 (1979)

FACTS: A New Castle County, Delaware police officer stopped Prouse’s vehicle. As he approached, the officer smelled marijuana. The officer saw marijuana on the floor of the vehicle. At a hearing to suppress the evidence, the officer testified that he did not observe any traffic or equipment violations or any suspicious activity. The officer said that he made the stop to check the license and registration, testifying that; “I saw the car in the area and wasn’t answering any complaints, so I decided to pull them off.”

ISSUE: Can law enforcement officer’s stop vehicles without cause?

HOLDING: No.

DISCUSSION: Stopping an automobile and detaining the driver in order to check his driver’s license and automobile registration are unreasonable actions under the Fourth Amendment. If the officer has articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is in violation of the law, the stop would be reasonable.

The Court mentioned that pulling a vehicle over is different from a traffic checkpoint. Questioning of all traffic at roadblock-type stops is permissible, as are weigh stations and checkpoints for commercial motor vehicles.