Held. Affirm the judgment of the lower court that the detention and search was invalid.
Police may not carry out a full search of a person merely but appropriately suspected of criminal activity, nor may they seek to verify their suspicions by means approaching that of a full-fledged arrest. This detention was a more serious intrusion on his personal liberty than that that is allowable based on mere reasonable suspicion as the least intrusive investigatory means should be used in such stops.
Since the detective’s actions are held to exceed the permissible bounds of an investigative stop, the respondent’s consent to the search of his suitcase is invalid, and the evidence found as a result is the “fruit of the poisonous tree”ť and must be excluded.
Dissent. Justice Harry Blackmun expressed his view that the police conduct here was not all that intrusive, and given the strength of the public interest in apprehending and prosecuting drug traffickers, probable cause should not have been necessary for the type of stop that these police officers completed.
Justice William Rehnquist also dissented by saying that the conduct of the detectives was reasonable under the Fourth Amendment.
Concurrence. Justice Lewis Franklin Powell articulated the view that although protecting the public from drug traffickers was important, this suspect was actually under arrest, and his allowing the search of his luggage was therefore not really consensual.
Justice William Brennan stated his opinion that not only was the suspect’s consent to the search illegal, but the stop was, as well.