|
:''Not to be confused with a 19th century decision concerning Aboriginal title in New Mexico.'' ''United States v. Ortiz'' was a case decided by the Supreme Court of the United States in 1975, with a vote of 0-9 in favor of Ortiz. The Court held that the Fourth Amendment prevented Border Patrol officers from conducting warrantless, suspicion-less searches of private vehicle that were removed from the border or its functional equivalent. ==Background== On November 12, 1973, Ortiz was stopped in his car by Border Patrol officers on Interstate Highway 5 at San Clemente, California. The Border Patrol officers found three people concealed in the trunk of the car. These three people were found out to be in the country illegally.〔http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=422&invol=891〕 (). After the search of the car at the checkpoint, Ortiz was convicted of transporting illegal aliens. Ortiz appealed the decision, and it was reversed by the Ninth Circuit Court.〔http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5955&context=jclc〕 In their decision, the Ninth Circuit Court relied on a previous decision that was made in the case of ''Bowen v. United States'', which stated that the requirement of probable cause for roving patrols that was outlined in the case of ''Almeida-Sanchez'' also extended to searches that were made at fixed checkpoints.〔http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5955&context=jclc〕 This court case would then go to the supreme court. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「United States v. Ortiz」の詳細全文を読む スポンサード リンク
|