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NCJRS Abstract

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NCJ Number: 65006 Find in a Library
Title: DELAWARE V PROUSE - RANDOM DRIVER'S LICENSE CHECKS PLACED IN CHECKMATE - 99 S CT, 1391, 59 L ED 2D 660 (1979)
Journal: BAYLOR LAW REVIEW  Volume:31  Issue:3  Dated:(SUMMER 1979)  Pages:295-315
Author(s): R M BYRD
Corporate Author: Baylor University
Law School
United States of America
Date Published: 1979
Page Count: 21
Sponsoring Agency: Baylor University
Waco, TX 76798
Format: Article
Language: English
Country: United States of America
Annotation: THE CASE OF DELAWARE V. PROUSE, IN WHICH THE U.S. SUPREME COURT HELD THAT RANDOM DRIVER'S LICENSE CHECKS WERE ILLEGAL, IS ANALYZED AS IT RELATES TO TEXAS LAW.
Abstract: DELAWARE V. PROUSE REAFFIRMED THE FOURTH AMENDMENT'S APPLICATION TO ADMINISTRATIVE GOVERNMENT REGULATIONS AS WELL AS TO CRIMINAL INVESTIGATIONS. THUS, THE COURT WILL BALNCE THE INTERESTS INVOLVED AND WILL DETERMINE EITHER WHETHER THE INTRUSION IS REASONABLE, REASONABLE ONLY IF BASED ON AN OBJECTIVE STANDARD, OR REASONABLE ONLY IF CONDUCTED WITH A SEARCH WARRANT. THE STANDARD OF REASON IN EACH CASE IS DETERMINED BY MEASURING THE EXTENT OF GOVERNMENT INTRUSION ON THE INDIVIDUAL'S FOURTH AMENDMENT INTERESTS AND BY BALANCING THIS AGAINST THE PROMOTION OF LEGITIMATE GOVERNMENT OBJECTIVES. HOWEVER, THE DEGREE OF GOVERNMENT INTRUSION ON FOURTH AMENDMENT INTERESTS RESULTING FROM RANDOM CHECKS WAS HELD TO BE UNACCEPTABLE BY THE COURT IN PROUSE, UNLESS THESE CHECKS WERE BASED ON OBJECTIVE CRITERIA. THE PERVASIVELY REGULATED ENTERPRISE DOCTRINE, DEVELOPED AS AN EXCEPTION TO THE WARRANT REQUIREMENT FOR PREMISE INSPECTIONS, ALSO STANDS AS AN EXCEPTION TO THE RULE. RANDOM COMMERCIAL VEHICLE WEIGHT INSPECTIONS WOULD THEREFORE BE REASONABLE, WHEREAS RANDOM DIESEL FUEL TAX INVOICE INSPECTIONS WOULD BE REASONABLE ONLY IF BASED ON OBJECTIVE CRITERIA. RANDOM COMMERCIAL DRIVER'S LICENSE CHECKS WOULD ALSO BE REASONABLE ONLY IF BASED ON OBJECTIVE CRITERIA, SINCE OTHER MORE EFFECTIVE MEANS EXIST TO ENFORCE THE LICENSING REQUIREMENT. BALANCING OF INTERESTS WOULD INDICATE THAT RANDOM GAME AND FISH LICENSE INSPECTION ARE PROBABLY REASONABLE UNDER THE FOURTH AMENDMENT, ALTHOUGH HUNTING AND FISHING ARE SPORTS AND WOULD MERIT LESS PROTECTION UNDER THE FOURTH AMENDMENT. FOOTNOTES ARE PROVIDED. (MJW)
Index Term(s): Civil remedies; Constitutional Rights/Civil Liberties; Driver road check; Judicial decisions; License check; Right to Due Process; Texas; Traffic law enforcement; University of Illinois; US Supreme Court
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65006

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