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United States v. Brignoni-Ponce

Supreme Court of the United States · 1975 · Constitutional Law

Constitutional LawFourth AmendmentBorder Patrol stopsReasonable suspicionFourth Amendmentseizurereasonable suspicionroving patrol

Facts

Border Patrol officers were observing northbound traffic near San Clemente, California, when they stopped respondent's car. The officers later said their only reason for the stop was that the car's three occupants appeared to be of Mexican descent. After questioning the occupants about citizenship, the officers learned that the two passengers were aliens who had entered illegally, and respondent was arrested and later convicted of transporting illegal immigrants. The Government did not dispute that this was a roving-patrol stop rather than a checkpoint stop.

Issue

Whether the Fourth Amendment permits Border Patrol officers on roving patrol near the border to stop a vehicle and question its occupants about citizenship and immigration status when the only ground for suspicion is that the occupants appear to be of Mexican ancestry.

Rule

Except at the border and its functional equivalents, Border Patrol officers on roving patrol may stop a vehicle only if they are aware of specific articulable facts, together with rational inferences from those facts, that reasonably warrant suspicion that the vehicle contains aliens who may be illegally in the country. A stop and inquiry must be reasonably related in scope to the justification for the stop, and apparent Mexican ancestry alone does not furnish reasonable suspicion.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Two federal immigration officers on roving patrol drive a marked SUV along a lightly traveled farm road outside Nogales, Arizona, about 12 miles from the border. They see a van with out-of-state plates riding unusually low, with blankets covering the rear windows, and several passengers in the back suddenly duck below the window line when the patrol car turns behind it.

May the officers constitutionally stop the van to ask the occupants about citizenship and immigration status?

Explanation. Except at the border and its functional equivalents, roving Border Patrol officers may briefly stop a vehicle only when specific articulable facts, together with rational inferences, reasonably warrant suspicion that the vehicle contains aliens who may be illegally in the country. Here, the lightly used border-area road, the heavily loaded van, covered rear windows, and passengers trying to hide combine to support reasonable suspicion. Probable cause is not required for this limited stop, but random discretion is not enough.