GINSBURG, J., DISSENTING
ILLINOIS V. CABALLES
543 U. S. ____ (2005)
SUPREME COURT OF THE UNITED STATES
NO. 03-923
ILLINOIS, PETITIONER
v. ROY I.
CABALLES
on writ of certiorari to the supreme court of
illinois
[January 24, 2005]
Justice Ginsburg, with whom
Justice Souter joins, dissenting.
Illinois State Police Trooper
Daniel Gillette stopped Roy Caballes for driving 71 miles per hour
in a zone with a posted speed limit of 65 miles per hour. Trooper
Craig Graham of the Drug Interdiction Team heard on the radio that
Trooper Gillette was making a traffic stop. Although Gillette
requested no aid, Graham decided to come to the scene to conduct a
dog sniff. Gillette informed Caballes that he was speeding and
asked for the usual documents—driver’s license, car registration,
and proof of insurance. Caballes promptly provided the requested
documents but refused to consent to a search of his vehicle. After
calling his dispatcher to check on the validity of Caballes’
license and for outstanding warrants, Gillette returned to his
vehicle to write Caballes a warning ticket. Interrupted by a radio
call on an unrelated matter, Gillette was still writing the ticket
when Trooper Graham arrived with his drug-detection dog. Graham
walked the dog around the car, the dog alerted at Caballes’ trunk,
and, after opening the trunk, the troopers found marijuana. 207
Ill. 2d 504, 506–507, 802 N. E. 2d 202, 203 (2003).
The Supreme Court of Illinois held that the
drug evidence should have been suppressed.
Id., at 506,
802 N. E. 2d, at 202. Adhering to its decision in
People v.
Cox, 202 Ill. 2d 462, 782 N. E. 2d
275 (2002), the court employed a two-part test taken from
Terry v.
Ohio, 392 U. S. 1 (1968), to
determine the overall reasonableness of the stop. 207 Ill. 2d, at
508, 802 N. E. 2d, at 204. The court asked first “whether the
officer’s action was justified at its inception,” and second
“whether it was reasonably related in scope to the circumstances
which justified the interference in the first place.”
Ibid. (quoting
People v.
Brownlee, 186
Ill. 2d 501, 518–519, 713 N. E. 2d 556, 565 (1999) (in turn
quoting
Terry, 392 U. S., at 19–20)). “[I]t is
undisputed,” the court observed, “that the traffic stop was
properly initiated”; thus, the dispositive inquiry trained on the
“second part of the
Terry test,” in which “[t]he State
bears the burden of establishing that the conduct remained within
the scope of the stop.” 207 Ill. 2d, at 509, 802 N. E. 2d, at
204.
The court concluded that the State failed to
offer sufficient justification for the canine sniff: “The police
did not detect the odor of marijuana in the car or note any other
evidence suggesting the presence of illegal drugs.”
Ibid.
Lacking “specific and articulable facts” supporting the canine
sniff,
ibid. (quoting
Cox, 202 Ill. 2d, at
470–471, 782 N. E. 2d, at 281), the court ruled, “the police
impermissibly broadened the scope of the traffic stop in this case
into a drug investigation.” 207 Ill. 2d, at 509, 802 N. E. 2d,
at 204.[
Footnote 1] I would
affirm the Illinois Supreme Court’s judgment and hold that the drug
sniff violated the Fourth Amendment.
In
Terry v.
Ohio, the Court
upheld the stop and subsequent frisk of an individual based on an
officer’s observation of suspicious behavior and his reasonable
belief that the suspect was armed. See 392 U. S., at 27–28. In a
Terry-type investigatory stop, “the officer’s action [must
be] justified at its inception, and … reasonably related in scope
to the circumstances which justified the interference in the first
place.”
Id., at 20. In applying
Terry, the Court
has several times indicated that the limitation on “scope” is not
confined to the duration of the seizure; it also encompasses the
manner in which the seizure is conducted. See,
e.g.,
Hiibel v.
Sixth Judicial Dist. Court of Nev., Humboldt
Cty., 542 U. S. ___, ___ (2004) (slip op., at 9) (an officer’s
request that an individual identify himself “has an immediate
relation to the purpose, rationale, and practical demands of a
Terry stop”);
United States v.
Hensley,
469 U. S. 221,
235 (1985) (examining, under
Terry, both “the length and
intrusiveness of the stop and detention”);
Florida v.
Royer, 460
U. S. 491, 500 (1983) (plurality opinion) (“[A]n investigative
detention must be temporary and last no longer than is necessary to
effectuate the purpose of the stop [and] … the investigative
methods employed should be the least intrusive means reasonably
available to verify or dispel the officer’s suspicion
… .”).
“A routine traffic stop,” the Court has
observed, “is a relatively brief encounter and ‘is more analogous
to a so-called
Terry stop … than to a formal
arrest.’ ”
Knowles v.
Iowa, 525 U. S. 113, 117
(1998) (quoting
Berkemer v.
McCarty,
468 U. S. 420, 439
(1984)); see also
ante, at 6 (Souter, J., dissenting) (The
government may not “take advantage of a suspect’s immobility to
search for evidence unrelated to the reason for the
detention.”).[
Footnote 2] I
would apply
Terry’s reasonable-relation test, as the
Illinois Supreme Court did, to determine whether the canine sniff
impermissibly expanded the scope of the initially valid seizure of
Caballes.
It is hardly dispositive that the dog sniff in
this case may not have lengthened the duration of the stop. Cf.
ante, at 2 (“A seizure … can become unlawful if it is
prolonged beyond the time reasonably required to complete [the
initial] mission.”).
Terry, it merits repetition,
instructs that any investigation must be “reasonably related in
scope to the circumstances which justified the
interference in the first place.” 392 U. S., at 20 (emphasis
added). The unwarranted and nonconsensual expansion of the seizure
here from a routine traffic stop to a drug investigation broadened
the scope of the investigation in a manner that, in my judgment,
runs afoul of the Fourth Amendment.[
Footnote 3]
The Court rejects the Illinois Supreme Court’s
judgment and, implicitly, the application of
Terry to a
traffic stop converted, by calling in a dog, to a drug search. The
Court so rules, holding that a dog sniff does not render a seizure
that is reasonable in time unreasonable in scope.
Ante, at
2–3. Dog sniffs that detect only the possession of contraband may
be employed without offense to the Fourth Amendment, the Court
reasons, because they reveal no lawful activity and hence disturb
no legitimate expectation of privacy.
Ante, at 3–4.
In my view, the Court diminishes the Fourth
Amendment’s force by abandoning the second
Terry inquiry
(was the police action “reasonably related in scope to the
circumstances [justifiying] the [initial] interference”). 392 U.
S., at 20. A drug-detection dog is an intimidating animal. Cf.
United States v.
Williams, 356 F. 3d 1268,
1276 (CA10 2004) (McKay, J., dissenting) (“drug dogs are not lap
dogs”). Injecting such an animal into a routine traffic stop
changes the character of the encounter between the police and the
motorist. The stop becomes broader, more adversarial, and (in at
least some cases) longer. Caballes—who, as far as Troopers Gillette
and Graham knew, was guilty solely of driving six miles per hour
over the speed limit—was exposed to the embarrassment and
intimidation of being investigated, on a public thoroughfare, for
drugs. Even if the drug sniff is not characterized as a Fourth
Amendment “search,” cf.
Indianapolis v.
Edmond,
531 U. S. 32, 40 (2000);
United
States v.
Place, 462 U. S. 696, 707
(1983), the sniff surely broadened the scope of the
traffic-violation-related seizure.
The Court has never removed police action from
Fourth Amendment control on the ground that the action is well
calculated to apprehend the guilty. See,
e.g., United
States v.
Karo, 468 U. S. 705, 717
(1984) (Fourth Amendment warrant requirement applies to police
monitoring of a beeper in a house even if “the facts [justify]
believing that a crime is being or will be committed and that
monitoring the beeper wherever it goes is likely to produce
evidence of criminal activity.”); see also
Minnesota v.
Carter, 525
U. S. 83, 110 (1998) (Ginsburg, J., dissenting) (“Fourth
Amendment protection, reserved for the innocent only, would have
little force in regulating police behavior toward either the
innocent or the guilty.”). Under today’s decision, every traffic
stop could become an occasion to call in the dogs, to the distress
and embarrassment of the law-abiding population.
The Illinois Supreme Court, it seems to me,
correctly apprehended the danger in allowing the police to search
for contraband despite the absence of cause to suspect its
presence. Today’s decision, in contrast, clears the way for
suspicionless, dog-accompanied drug sweeps of parked cars along
sidewalks and in parking lots. Compare,
e.g., United
States v.
Ludwig, 10 F. 3d 1523, 1526–1527 (CA10
1993) (upholding a search based on a canine drug sniff of a parked
car in a motel parking lot conducted without particular suspicion),
with
United States v.
Quinn, 815 F. 2d 153,
159 (CA1 1987) (officers must have reasonable suspicion that a car
contains narcotics at the moment a dog sniff is performed), and
Place, 462 U. S., at 706–707 (Fourth Amendment not
violated by a dog sniff of a piece of luggage that was seized,
pre-sniff, based on suspicion of drugs). Nor would motorists have
constitutional grounds for complaint should police with dogs,
stationed at long traffic lights, circle cars waiting for the red
signal to turn green.
Today’s decision also undermines this Court’s
situation-sensitive balancing of Fourth Amendment interests in
other contexts. For example, in
Bond v.
United
States, 529 U.
S. 334, 338–339 (2000), the Court held that a bus passenger had
an expectation of privacy in a bag placed in an overhead bin and
that a police officer’s physical manipulation of the bag
constituted an illegal search. If canine drug sniffs are entirely
exempt from Fourth Amendment inspection, a sniff could substitute
for an officer’s request to a bus passenger for permission to
search his bag, with this significant difference: The passenger
would not have the option to say “No.”
The dog sniff in this case, it bears emphasis,
was for drug detection only. A dog sniff for explosives, involving
security interests not presented here, would be an entirely
different matter. Detector dogs are ordinarily trained not as
all-purpose sniffers, but for discrete purposes. For example, they
may be trained for narcotics detection or for explosives detection
or for agricultural products detection. See,
e.g., U. S.
Customs & Border Protection, Canine Enforcement Training
Center, Training Program Course Descriptions,
http://www.cbp.gov/xp/cgov/border_security/
canines/training_program.xml (all Internet materials as visited
Dec. 16, 2004, and available in the Clerk of Court’s case file)
(describing Customs training courses in narcotics detection);
Transportation Security Administration, Canine and Explosives
Program, http://www.tsa.gov/ public/display? theme=32 (describing
Transportation Security Administration’s explosives detection
canine program); U. S. Dept. of Agriculture, Animal and Plant
Health Inspection Service, USDA’s Detector Dogs: Pro- tecting
American Agriculture (Oct. 2001), available at
http://www.aphis.usda.gov/oa/pubs/detdogs.pdf (describing USDA
Beagle Brigade detector dogs trained to detect prohibited fruits,
plants, and meat); see also Jennings, Origins and History of
Security and Detector Dogs, in Canine Sports Medicine and Surgery
16, 18–19 (M. Bloomberg, J. Dee, & R. Taylor eds. 1998)
(describing narcotics detector dogs used by Border Patrol and
Customs, and bomb detector dogs used by the Federal Aviation
Administration and the Secret Service, but noting the possibility
in some circumstances of cross training dogs for multiple tasks);
S. Chapman, Police Dogs in North America 64, 70–79 (1990)
(describing narcotics- and explosives-detection dogs and noting the
possibility of cross training). There is no indication in this case
that the dog accompanying Trooper Graham was trained for anything
other than drug detection. See 207 Ill. 2d, at 507, 802 N. E.
2d, at 203 (“Trooper Graham arrived with his drug-detection dog
… .”); Brief for Petitioner 3 (“Trooper Graham arrived with a
drug-detection dog … .”).
This Court has distinguished between the
general interest in crime control and more immediate threats to
public safety. In
Michigan Dept. of State Police v.
Sitz, 496
U. S. 444 (1990), this Court upheld the use of a sobriety
traffic checkpoint. Balancing the State’s interest in preventing
drunk driving, the extent to which that could be accomplished
through the checkpoint program, and the degree of intrusion the
stops involved, the Court determined that the State’s checkpoint
program was consistent with the Fourth Amendment.
Id., at
455. Ten years after
Sitz, in
Indianapolis v.
Edmond, 531 U. S. 32, this Court held that a
drug interdiction checkpoint violated the Fourth Amendment. Despite
the illegal narcotics traffic that the Nation is struggling to
stem, the Court explained, a “general interest in crime control”
did not justify the stops.
Id., at 43–44. The Court
distinguished the sobriety checkpoints in
Sitz on the
ground that those checkpoints were designed to eliminate an
“immediate, vehicle-bound threat to life and limb.” 531 U. S., at
43.
The use of bomb-detection dogs to check
vehicles for explosives without doubt has a closer kinship to the
sobriety checkpoints in
Sitz than to the drug checkpoints
in
Edmond. As the Court observed in
Edmond:
“[T]he Fourth Amendment would almost certainly permit an
appropriately tailored roadblock set up to thwart an imminent
terrorist attack … .” 531 U. S., at 44. Even if the Court were
to change course and characterize a dog sniff as an independent
Fourth Amendment search, see
ante, p. ___ (Souter, J.,
dissenting), the immediate, present danger of explosives would
likely justify a bomb sniff under the special needs doctrine. See,
e.g., ante, at 8, n. 7 (Souter, J.,
dissenting);
Griffin v.
Wisconsin, 483 U. S. 868, 873
(1987) (permitting exceptions to the warrant and probable-cause
requirements for a search when “special needs, beyond the normal
need for law enforcement,” make those requirements impracticable
(quoting
New Jersey v.
T. L. O.,
469 U. S. 325,
351 (1985) (Blackmun, J., concurring in judgment))).
***
For the reasons stated, I would
hold that the police violated Caballes’ Fourth Amendment rights
when, without cause to suspect wrongdoing, they conducted a dog
sniff of his vehicle. I would therefore affirm the judgment of the
Illinois Supreme Court.
Footnote 1
The Illinois Supreme Court held insufficient
to support a canine sniff Gillette’s observations that (1) Caballes
said he was moving to Chicago, but his only visible belongings were
two sport coats in the backseat; (2) the car smelled of air
freshener; (3) Caballes was dressed for business, but was
unemployed; and (4) Caballes seemed nervous. Even viewed together,
the court said, these observations gave rise to “nothing more than
a vague hunch” of “possible wrongdoing.” 207 Ill. 2d 504, 509–510,
802 N. E. 2d 202, 204–205 (2003). This Court proceeds on “the
assumption that the officer conducting the dog sniff had no
information about [Caballes].”
Ante, at 2.
Footnote 2
The
Berkemer Court cautioned that by
analogizing a traffic stop to a
Terry stop, it did “not
suggest that a traffic stop supported by probable cause may not
exceed the bounds set by the Fourth Amendment on the scope of a
Terry stop.” 468 U. S., at 439, n. 29. This Court,
however, looked to
Terry earlier in deciding that an
officer acted reasonably when he ordered a motorist stopped for
driving with expired license tags to exit his car,
Pennsylvania v.
Mimms, 434 U. S. 106, 109–110
(1977)
(per curiam), and later reaffirmed the
Terry analogy when evaluating a police officer’s authority
to search a vehicle during a routine traffic stop,
Knowles, 525 U. S., at 117.
Footnote 3
The question whether a police officer
inquiring about drugs without reasonable suspicion
unconstitutionally broadens a traffic investigation is not before
the Court. Cf.
Florida v.
Bostick, 501 U. S. 429, 434
(1991) (police questioning of a bus passenger, who might have just
said “No,” did not constitute a seizure).
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