Delaware V. Prouse ( No. 77-1571) The 4th Amendmen

DELAWARE V. PROUSE (No. 77-1571)The 4th amendment protects citizens from unlawful seizure. Delaware v. Prouse (No. 77-1571) case affirmed that evidence collected from unlawful seizure could not be allowed in the court. Prouse was stopped by a police patrol for regular check of driver’s license and registration, but arrested for marijuana possession. The police had nothing to suspect Prouse of any illegal dealing before conducting the search which led to the discovery of the marijuana. This search and detention therefore constituted an unlawful seizure. The Supreme Court held that the search ad detention was in violation of the 4th amendment. The police must balance the interest of the government to control the public and the right of citizens to privacy. The decision was developed from Supreme Court ruling in the case United States v. Brignoni-Ponce, (1975) which prevented extended stopping of vehicles with suspicious drivers or passengers, and search without probable cause. The court however allowed the states and police departments to create less intrusive methods of stopping and questioning drivers. Among them was the use of roadblocks. Roadblocks allow the police to question drivers without probable cause. This ruling extended the ruling of United States v. Brignoni-Ponce, (1975)