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Bowen Vs. United States
Cites for this judgment
- US Supreme Court
- Jun 30, 1975
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Bowen v. UnitedSearch
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States - 422 U.S. 916 (1975) U.S. Supreme Court Bowen v. UnitedSearch
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States, 422 U.S. 916 (1975) Bowen v. UnitedSearch
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THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The principles of Almeida-Sanchez v. UnitedSearch
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not be applied retroactively to invalidate searches that occurred prior to the date of that decision. United States v. PeltierSearch
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unlawful. 462 F.2d 347 (1972). A petition for certiorari was pending when we announced our decision in Almeida-Sanchez v. UnitedSearch
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granted certiorari to resolve an apparent conflict with the Court of Appeals for the Tenth Circuit in United States v. KingSearch
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F.2d 353 (1973), and United States v. MaddoxSearch
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F.2d 361 (1973). We hold today in United States v. OrtizSearch
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Brief any citation in this list with AI Studio
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is whether the principles of Almeida-Sanchez should have been applied retroactively. In United States v. PeltierSearch
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that immigration officers at traffic checkpoints could search automobiles for concealed aliens. E.g., United States v. McCormickSearch
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Fumagalli v. UnitedSearch
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establishing new constitutional doctrine in cases in which it holds those decisions nonretroactive. E.g., Michigan v. PayneSearch
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This practice is rooted in our reluctance to decide constitutional questions unnecessarily. See United States v. RainesSearch
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Ashwander v. TVASearch
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Because this reluctance, in turn, is grounded in the constitutional role of the federal courts, United States v. RainesSearch
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the primary impetus for applying new constitutional doctrines in cases that establish them for the first time. Stovall v. DennoSearch
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of Appeals is Affirmed. MR. JUSTICE DOUGLAS dissents for the reasons stated in his dissent in United States v. PeltierSearch
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dissent, and would reverse substantially for the reasons expressed in MR. JUSTICE BRENNAN's dissent in United States v. PeltierSearch
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had limited the Border Patrol's authority to search for contraband at points away from the border. E.g., Cervantes v. UnitedSearch
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Fumagalli v. UnitedSearch
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Early cases had affirmed immigration officers' authority to search for aliens at traffic checkpoints. E.g., Ramirez v. UnitedSearch
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Kelly v. UnitedSearch
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was qualified by a requirement that the location and operation of the checkpoint be reasonable. United States v. McDanielSearch
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United States v. WrightSearch
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United States v. MaggardSearch
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while customs searches required a foundation for believing that the particular car contained contraband. United States v. ThompsonSearch
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See Stovall v. DennoSearch
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Duncan v. LouisianaSearch
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U. S. 145 (1968), with DeStefano v WoodsSearch
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North Carolina v. PearceSearch
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U. S. 711 (1969), with Michigan v. PayneSearch
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U.S. Supreme Court Bowen v. UnitedSearch
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of Almeida-Sanchez v. UnitedSearch
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Almeida-Sanchez v. UnitedSearch
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United States v. KingSearch
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and United States v. MaddoxSearch
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In United States v. PeltierSearch
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E.g., United States v. McCormickSearch
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E.g., Michigan v. PayneSearch
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See United States v. RainesSearch
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E.g., Cervantes v. UnitedSearch
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E.g., Ramirez v. UnitedSearch
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United States v. ThompsonSearch
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