Opinion · Supreme Court of the United States

Delaware v. Prouse

440 U.S. 648

Type: Opinion
Court: Supreme Court of the United States
Jurisdiction: Federal
Date: 1979-03-27
Topic: bankruptcy

MR. Justice Blackmun, with whom Mr. Justice Powell joins, concurring. The Court, ante, this page, carefully protects from the reach of its decision other less intrusive spot checks “that do not in*664volve the unconstrained exercise of discretion.” The roadblock stop for all traffic is given as an example. I necessarily assume that the Court’s reservation also includes other not purely random stops (such as every 10th car to pass a given point) that equate with, but are less intrusive than, a 100% roadblock stop.

MR. Justice Blackmun, with whom Mr. Justice Powell joins,

concurring.

The Court, ante, this page, carefully protects from the reach of its decision other less intrusive spot checks “that do not in *664 volve the unconstrained exercise of discretion.” The roadblock stop for all traffic is given as an example. I necessarily assume that the Court’s reservation also includes other not purely random stops (such as every 10th car to pass a given point) that equate with, but are less intrusive than, a 100% roadblock stop. And I would not regard the present case as a precedent that throws any constitutional shadow upon the necessarily somewhat individualized and perhaps largely random examinations by game wardens in the performance of their duties. In a situation of that type, it seems to me, the Court’s balancing process, and the value factors under consideration, would be quite different.

With this understanding, I join the Court’s opinion and its judgment.