It is Unreasonable Under the Fourth and Fourteenth Amendments to Stop an Automobile for a License and Registration Check Unless There is at Least a Reasonable and Articulable Suspicion



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Texas Tech Law Review


Analyzes the Supreme Court case, Delaware v. Prouse. In Prouse the Court held that it violated the fourth and fourteenth amendments to stop an automobile and detain its occupants for a license and registration check unless there is at least a reasonable and articulable suspicion that the driver is unlicensed, the automobile is unregistered, or that either the driver or the automobile is subject to seizure for violation of the law. The author believes that the Court has effectively safeguarded individual liberties while still allowing state and local governments to enforce their licensing regulations.



Search and seizure, Fourth amendment, Fourteenth amendment, Reasonable suspicion, Traffic stop, Delaware v. Prouse, Case note


11 Tex. Tech L. Rev. 207