OPINION OF THE COURT
ILLINOIS V. LIDSTER
540 U. S. ____ (2004)
SUPREME COURT OF THE UNITED STATES
NO. 02-1060
ILLINOIS, PETITIONER
v. ROBERT S.
LIDSTER
on writ of certiorari to the supreme court of
illinois
[January 13, 2004]
Justice Breyer delivered the
opinion of the Court.
This Fourth Amendment case
focuses upon a highway checkpoint where police stopped motorists to
ask them for information about a recent hit-and-run accident. We
hold that the police stops were reasonable, hence,
constitutional.
I
The relevant background is as
follows: On Saturday, August 23, 1997, just after midnight, an
unknown motorist traveling eastbound on a highway in Lombard,
Illinois, struck and killed a 70-year-old bicyclist. The motorist
drove off without identifying himself. About one week later at
about the same time of night and at about the same place, local
police set up a highway checkpoint designed to obtain more
information about the accident from the motoring public.
Police cars with flashing lights
partially blocked the eastbound lanes of the highway. The blockage
forced traffic to slow down, leading to lines of up to 15 cars in
each lane. As each vehicle drew up to the checkpoint, an officer
would stop it for 10 to 15 seconds, ask the occupants whether they
had seen anything happen there the previous weekend, and hand each
driver a flyer. The flyer said “ALERT … FATAL HIT & RUN
ACCIDENT” and requested “assistance in identifying the vehicle and
driver in this accident which killed a 70 year old bicyclist.” App.
9.
Robert Lidster, the respondent, drove a
minivan toward the checkpoint. As he approached the checkpoint, his
van swerved, nearly hitting one of the officers. The officer
smelled alcohol on Lidster’s breath. He directed Lidster to a side
street where another officer administered a sobriety test and then
arrested Lidster. Lidster was tried and convicted in Illinois state
court of driving under the influence of alcohol.
Lidster challenged the lawfulness of his
arrest and conviction on the ground that the government had
obtained much of the relevant evidence through use of a checkpoint
stop that violated the Fourth Amendment. The trial court rejected
that challenge. But an Illinois appellate court reached the
opposite conclusion. 319 Ill. App. 3d 825, 747 N. E. 2d 419
(2001). The Illinois Supreme Court agreed with the appellate court.
It held (by a vote of 4 to 3) that our decision in
Indianapolis v.
Edmond, 531 U. S. 32 (2000),
required it to find the stop unconstitutional
. 202 Ill. 2d
1, 779 N. E. 2d 855 (2002).
Because lower courts have reached different
conclusions about this matter, we granted certiorari. See
Burns v.
Commonwealth, 261 Va. 307, 541 S.E.2d
872, cert. denied,
534 U. S. 1043 (2001)
(finding similar checkpoint stop constitutional). We now reverse
the Illinois Supreme Court’s determination.
II
The Illinois Supreme Court
basically held that our decision in
Edmond governs the
outcome of this case. We do not agree.
Edmond involved a
checkpoint at which police stopped vehicles to look for evidence of
drug crimes committed by occupants of those vehicles. After
stopping a vehicle at the checkpoint, police would examine (from
outside the vehicle) the vehicle’s interior; they would walk a
drug-sniffing dog around the exterior; and, if they found
sufficient evidence of drug (or other) crimes, they would arrest
the vehicle’s occupants. 531 U. S., at 35. We found that police had
set up this checkpoint primarily for general “crime control”
purposes,
i.e., “to detect evidence of ordinary criminal
wrongdoing.”
Id., at 41. We noted that the stop was made
without individualized suspicion. And we held that the Fourth
Amendment forbids such a stop, in the absence of special
circumstances.
Id., at 44.
The checkpoint stop here differs
significantly from that in
Edmond. The stop’s primary law
enforcement purpose was
not to determine whether a
vehicle’s occupants were committing a crime, but to ask vehicle
occupants, as members of the public, for their help in providing
information about a crime in all likelihood committed by others.
The police expected the information elicited to help them
apprehend, not the vehicle’s occupants, but other individuals.
Edmond’s language, as well as its
context, makes clear that the constitutionality of this latter,
information-seeking kind of stop was not then before the Court.
Edmond refers to the subject matter of its holding as
“stops justified only by the generalized and ever-present
possibility that interrogation and inspection may reveal that
any given motorist has committed some crime.”
Ibid. (emphasis added). We concede that
Edmond
describes the law enforcement objective there in question as a
“general interest in crime control,” but it specifies that the
phrase “general interest in crime control” does not refer to every
“law enforcement” objective.
Id., at 44, n. 1. We must
read this and related general language in
Edmond as we
often read general language in judicial opinions—as referring in
context to circumstances similar to the circumstances then before
the Court and not referring to quite different circumstances that
the Court was not then considering.
Neither do we believe,
Edmond aside,
that the Fourth Amendment would have us apply an
Edmond-type rule of automatic unconstitutionality to
brief, information-seeking highway stops of the kind now before us.
For one thing, the fact that such stops normally lack
individualized suspicion cannot by itself determine the
constitutional outcome. As in
Edmond, the stop here at
issue involves a motorist. The Fourth Amendment does not treat a
motorist’s car as his castle. See,
e.g.,
New York
v.
Class,
475 U. S. 106, 112–113
(1986);
United States v.
Martinez-Fuerte,
428 U. S. 543,
561 (1976). And special law enforcement concerns will sometimes
justify highway stops without individualized suspicion. See
Michigan Dept. of State Police v.
Sitz,
496 U. S. 444
(1990) (sobriety checkpoint);
Martinez-Fuerte,
supra (Border Patrol checkpoint). Moreover, unlike
Edmond, the context here (seeking information from the
public) is one in which, by definition, the concept of
individualized suspicion has little role to play. Like certain
other forms of police activity, say, crowd control or public
safety, an information-seeking stop is not the kind of event that
involves suspicion, or lack of suspicion, of the relevant
individual.
For another thing, information-seeking highway
stops are less likely to provoke anxiety or to prove intrusive. The
stops are likely brief. The police are not likely to ask questions
designed to elicit self-incriminating information. And citizens
will often react positively when police simply ask for their help
as “responsible citizen[s]” to “give whatever information they may
have to aid in law enforcement
.” Miranda v.
Arizona,
384 U. S. 436, 477–478
(1966).
Further, the law ordinarily permits police to
seek the voluntary cooperation of members of the public in the
investigation of a crime. “[L]aw enforcement officers do not
violate the Fourth Amendment by merely approaching an individual on
the street or in another public place, by asking him if he is
willing to answer some questions, [or] by putting questions to him
if the person is willing to listen.”
Florida v.
Royer,
460
U. S. 491, 497 (1983)
. See also ALI, Model Code of
Pre-Arraignment Procedure §110.1(1) (1975) (“[L]aw enforcement
officer may . . . request any person to furnish information or
otherwise cooperate in the investigation or prevention of crime”).
That, in part, is because voluntary requests play a vital role in
police investigatory work. See,
e.g.,
Haynes v.
Washington,
373 U. S. 503, 515
(1963) (“[I]nterrogation of witnesses . . . is undoubtedly an
essential tool in effective law enforcement”); U. S. Dept. of
Justice, Eyewitness Evidence: A Guide for Law Enforcement 14–15
(1999) (instructing law enforcement to gather information from
witnesses near the scene).
The importance of soliciting the public’s
assistance is offset to some degree by the need to stop a motorist
to obtain that help—a need less likely present where a pedestrian,
not a motorist, is involved. The difference is significant in light
of our determinations that such an involuntary stop amounts to a
“seizure” in Fourth Amendment terms.
E.g.,
Edmond, 531 U. S., at 40. That difference, however, is not
important enough to justify an
Edmond-type rule here.
After all, as we have said, the motorist stop will likely be brief.
Any accompanying traffic delay should prove no more onerous than
many that typically accompany normal traffic congestion. And the
resulting voluntary questioning of a motorist is as likely to prove
important for police investigation as is the questioning of a
pedestrian. Given these considerations, it would seem anomalous
were the law (1) ordinarily to allow police freely to seek the
voluntary cooperation of pedestrians but (2) ordinarily to forbid
police to seek similar voluntary cooperation from motorists.
Finally, we do not believe that an
Edmond-type rule is needed to prevent an unreasonable
proliferation of police checkpoints. Cf.
Lidster, 202 Ill.
2d, at 9–10, 779 N. E. 2d, at 859–860 (expressing that
concern). Practical considerations—namely, limited police resources
and community hostility to related traffic tie-ups—seem likely to
inhibit any such proliferation. See Fell, Ferguson, Williams, &
Fields, Why Aren’t Sobriety Checkpoints Widely Adopted as an
Enforcement Strategy in the United States?, 35 Accident Analysis
& Prevention 897 (Nov. 2003) (finding that sobriety checkpoints
are not more widely used due to the lack of police resources and
the lack of community support). And, of course, the Fourth
Amendment’s normal insistence that the stop be reasonable in
context will still provide an important legal limitation on police
use of this kind of information-seeking checkpoint.
These considerations, taken together, convince
us that an
Edmond-type presumptive rule of
unconstitutionality does not apply here. That does not mean the
stop is automatically, or even presumptively, constitutional. It
simply means that we must judge its reasonableness, hence, its
constitutionality, on the basis of the individual circumstances.
And as this Court said in
Brown v.
Texas,
443 U. S. 47, 51
(1979), in judging reasonableness, we look to “the gravity of the
public concerns served by the seizure, the degree to which the
seizure advances the public interest, and the severity of the
interference with individual liberty.” See also
Sitz,
supra, at 450–455 (balancing these factors in determining
reasonableness of a checkpoint stop);
Martinez-Fuerte,
supra, at 556–564 (same).
III
We now consider the
reasonableness of the checkpoint stop before us in light of the
factors just mentioned, an issue that, in our view, has been fully
argued here. See Brief for Petitioner 14–18; Brief for Respondent
17–27. We hold that the stop was constitutional.
The relevant public concern was
grave. Police were investigating a crime that had resulted in a
human death. No one denies the police’s need to obtain more
information at that time. And the stop’s objective was to help find
the perpetrator of a specific and known crime, not of unknown
crimes of a general sort. Cf.
Edmond,
supra, at
44.
The stop advanced this grave public concern to
a significant degree. The police appropriately tailored their
checkpoint stops to fit important criminal investigatory needs. The
stops took place about one week after the hit-and-run accident, on
the same highway near the location of the accident, and at about
the same time of night. And police used the stops to obtain
information from drivers, some of whom might well have been in the
vicinity of the crime at the time it occurred. See App. 28–29
(describing police belief that motorists routinely leaving work
after night shifts at nearby industrial complexes might have seen
something relevant).
Most importantly, the stops interfered only
minimally with liberty of the sort the Fourth Amendment seeks to
protect. Viewed objectively, each stop required only a brief wait
in line—a very few minutes at most. Contact with the police lasted
only a few seconds. Cf.
Martinez-Fuerte, 428 U. S., at 547
(upholding stops of three-to-five minutes);
Sitz, 496 U.
S., at 448 (upholding delays of 25 seconds). Police contact
consisted simply of a request for information and the distribution
of a flyer. Cf.
Martinez-Fuerte,
supra, at 546
(upholding inquiry as to motorists’ citizenship and immigration
status);
Sitz,
supra, at 447 (upholding
examination of all drivers for signs of intoxication). Viewed
subjectively, the contact provided little reason for anxiety or
alarm. The police stopped all vehicles systematically. Cf.
Martinez-Fuerte,
supra, at 558;
Sitz,
supra, at 452–453. And there is no allegation here that
the police acted in a discriminatory or otherwise unlawful manner
while questioning motorists during stops.
For these reasons we conclude that the
checkpoint stop was constitutional.
The judgment of the Illinois Supreme Court
is
Reversed.
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