Gustafson v. Florida, 414 U.S. 260 (1973)

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Author: Justice Stewart

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Gustafson v. Florida, 414 U.S. 260 (1973)

MR. JUSTICE STEWART, concurring.

It seems to me that a persuasive claim might have been made in this case that the custodial arrest of the petitioner for a minor traffic offense violated his rights under the Fourth and Fourteenth Amendments. But no such claim has been made. Instead, the petitioner has fully conceded the constitutional validity of his custodial arrest. That being so, it follows that the incidental search of his person was also constitutionally valid. To hold otherwise would, as the Court makes clear in this case and in United States v. Robinson, ante, p. 218, mark an abrupt departure from settled constitutional precedent.

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Chicago: Stewart, "Stewart, J., Concurring," Gustafson v. Florida, 414 U.S. 260 (1973) in 414 U.S. 260 414 U.S. 267. Original Sources, accessed September 22, 2018, http://www.originalsources.com/Document.aspx?DocID=DC41F4K34DKXGC2.

MLA: Stewart. "Stewart, J., Concurring." Gustafson v. Florida, 414 U.S. 260 (1973), in 414 U.S. 260, page 414 U.S. 267. Original Sources. 22 Sep. 2018. www.originalsources.com/Document.aspx?DocID=DC41F4K34DKXGC2.

Harvard: Stewart, 'Stewart, J., Concurring' in Gustafson v. Florida, 414 U.S. 260 (1973). cited in 1973, 414 U.S. 260, pp.414 U.S. 267. Original Sources, retrieved 22 September 2018, from http://www.originalsources.com/Document.aspx?DocID=DC41F4K34DKXGC2.