Case Citator › Delaware v. Prouse

Delaware v. Prouse

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
440 U.S. 648
Decided
Confirmed treatments
1
Flagged citations read
79 of 87
Citing cases (total)
5,345
Treatment dates
1980
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Delaware v. Prouse is still in review: 79 of the 87 flagged citations were read; the text of the other 8 could not be retrieved, and the 1 confirmed treatment is listed below. State v. Carpentieri, later reaffirmed by the New Jersey Supreme Court, held Prouse nonretroactive.
More on how this was screened

The other reviewed opinions applied Prouse's prohibition on suspicionless discretionary vehicle stops, followed its balancing test, applied its express checkpoint boundary, reported Prouse's own effect on older precedent, or placed adverse language on unrelated cases. Higbie v. State is not listed because its refusal to extend Prouse to sobriety checkpoints was expressly overruled after Michigan Department of State Police v. Sitz.

The treatments below are confirmed; unread citations could still change the overall status.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case, except the ones whose text could not be retrieved.

5,345 later cases cite Delaware v. Prouse; 87 of those citations sat close to treatment language and were flagged for reading; 79 of them have been read, and the text of 8 citing opinions could not be retrieved, so those remain unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Delaware v. Prouse?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Supreme Court of New Jersey held Prouse's exclusionary rule nonretroactive and available only when the random traffic stop occurred after Prouse was decided.

    State v. Carpentieri · Supreme Court of New Jersey · filed

    We reverse. Delaware v. Prouse, supra, applies only to those cases wherein the “random traffic stop” occurs after the date of the Prouse decision, March 27, 1979.
    Read the full opinion on CourtListener →

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