Brinegar v. United States

Brinegar v. United States
338 U.S. 160
69 S. Ct. 1302; 93 L. Ed. 1879; 1949 U.S. LEXIS 2084

Facts: Brinegar had a reputation for illicitly transporting liquor across state lines. The officer recognized the defendant one day, while parked by the highway, and noniced that the defendants vehicle looked heavily loaded. When he pulled Brinegar all over, the officer could see one face of intoxicant in the front seat of the car. The defendant posterior on denied that any liquor was visible. The defendant was arrested, and the officer seized the inebriant in the car as well as the alcohol he found in the trunk after the arrest. The defendant challenged the constitutionality of his arrest on the grounds that the officer did not relieve oneself probable cause, and thus the seizure of the alcohol was not harmonised to a valid stop.
Legal Issue: Whether or not the requirements of the information on which an officer may act, such as a warrantless search has probable cause?




Prosecution cause: Brinegar already had a reputation on transporting illegal alcohol, and when was pulled over he admitted to having some alcohol on him.
Defense crease: That the law had no probable cause on prehension the alcohol, or a warrant.
Decision/ Rationale: While the police dont always have to be turn in conducting a warrantless search, but the search must always be reasonable.
Dissent: 6-3: Mr.Jackson dissented that, the 4th amendment and are not unblemished second-class rights but belong in the catalog of inseparable freedoms.If you want to get a full essay, order it on our website: Orderessay



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