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United States Vs. Villamonte-marquez
Cites for this judgment
- US Supreme Court
- Jun 17, 1983
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U.S. 579 (1983) U.S. Supreme Court United States v. Villamonte-MarquezSearch
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U.S. 579 (1983) United States v. Villamonte-MarquezSearch
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of unlawful conduct, away from the Nation's borders are not permissible under the Fourth Amendment, United States v. Brignoni-PonceSearch
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U. S. 648 , whereas vehicles stops at fixed checkpoints or at roadblocks are, United States v. Martinez-FuerteSearch
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Almeida-Sanchez v. UnitedSearch
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United Page 462 U. S. 586 States v. RamseySearch
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U. S. 606 (1977). As long ago as the decision in Boyd v. UnitedSearch
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the Fourth Amendment, the Court of Appeals relied on several of its own decisions and on our decision in United States v. Brignoni-PonceSearch
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at 422 U. S. 884 . We think that two later decisions also bear on the question before us. In United States v. Martinez-FuerteSearch
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Id. at 428 U. S. 545 . Distinguishing our holding in United States v. Brignoni-PonceSearch
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U.S. at 428 U. S. 557 . Three Terms later, we held in Delaware v. ProuseSearch
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supra, at 440 U. S. 654 . See also Camara v. MunicipalSearch
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stop would have run afoul of the Fourth Amendment because of the absence of articulable suspicion. See United States v. Brignoni-PonceSearch
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to roving patrol stops. And the preference for roadblocks, as opposed to random spot checks, expressed in Delaware v. ProuseSearch
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other outward markings whether the vehicle is currently in compliance with the requirements of state law. See Delaware v. ProuseSearch
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such as the ship channel in this case, which connects the open sea with a Customs Port of Entry. Cf. United States v. RamseySearch
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U.S. at 428 U. S. 557 -558 (quoting Carroll v. UnitedSearch
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detention where officials come on board, visit public areas of the vessel, and inspect documents. Cf. United States v. Brignoni-PonceSearch
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articulable suspicion of vehicles away from the border are not permissible under the Fourth Amendment, United States v. Brignoni-PonceSearch
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Delaware Page 462 U. S. 593 ware v. ProuseSearch
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more narrow issue. Respondents briefly argue that we should not reach even this question. Relying on United States v. Sarmiento-RozoSearch
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decision would reinstate the judgment of conviction and the sentence entered by the District Court. See United States v. MorrisonSearch
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of the mandate of the Court of Appeals, would not change the effect of our reversal. See Aetna Casualty & Surety Co. v. FlowersSearch
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U. S. 52 (1931). Under our reasoning in Mancusi v. StubbsSearch
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into a sentence once the defendant is convicted and sentenced. See Parr v. UnitedSearch
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Berman v. UnitedSearch
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this country on their own, they would be subject to arrest and imprisonment for these convictions. See United States v. Campos-SerranoSearch
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could bar any attempt by respondents to voluntarily reenter this country. 8 U.S.C. 1182(a)(9). See Pennsylvania v. MimmsSearch
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Sibron v. NewSearch
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Post at 462 U. S. 594 -598 and n. 1. Ex parte Bain was long ago limited to its facts by Salinger v. UnitedSearch
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for inspection of the vessel's documentation. This line of reasoning was rejected in a similar situation in Scott v. UnitedSearch
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argument would lead to the incongruous result criticized by Judge Campbell in his opinion in United States v. ArraSearch
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in the 1790 statute and this Court's decision in Maul v. UnitedSearch
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long as the method chosen by Congress is constitutional, then it matters not that alternative methods exist. Cf. Cady v. DombrowskiSearch
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so solely as a device by which to obtain immediate appellate review of an interlocutory order. E.g., United States v. ProcterSearch
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to seek a further stay), but the dismissal of the indictment at the Government's request. The Court cites Mancusi v. StubbsSearch
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are those governing searches or stops of vehicles by police on random patrol or at fixed checkpoints. Almeida-Sanchez v. UnitedSearch
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U.S. Supreme Court United States v. Villamonte-MarquezSearch
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the Fourth Amendment, United States v. Brignoni-PonceSearch
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States v. RamseySearch
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Boyd v. UnitedSearch
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In United States v. Martinez-FuerteSearch
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