Brower v. Inyo County (1988)
- Docket
- 87-248
- Decided
- 1988-01-01
Summary
Question: Can a police roadblock constitute an illegal seizure under the Fourth Amendment? Conclusion: Yes. Justice Antonin Scalia delivered the opinion of the 9-0 majority. The Court held that a Fourth Amendment violation occurs when the police intentionally acquire physical control of a person or possessions. In this case, the violation occurred because Caldwell clearly intended to continue driving, and the police actions intended to forcibly stop his car. Justice John Paul Stevens concurred in judgment. He argued that the majority’s opinion established a test for Fourth Amendment violations based on police intent. However, since not every Fourth Amendment violation is intentional, this test could not be used to decide all Fourth Amendment cases. Justice William J. Brennan, Jr., Justice Thurgood Marshall, and Justice Harry A. Blackmun joined in the opinion concurring in judgment.