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United States v. Hensley, 469 U.S. 221 (1985)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Hensley, 469 U.S. 221 (1985)
JUSTICE BRENNAN, concurring.
I join the opinion of the Court. With respect to its effect on respondent’s "right . . . to be secure . . . in [his] perso[n]" guaranteed by the Fourth Amendment, the stop in this case although it no doubt seriously infringed upon respondent’s privacy -- lasted a mere matter of moments, see ante at 224-225, before the discovery of the gun ripened what had been merely reasonable suspicion into the full-scale probable cause necessary for an arrest. For circumstances like these, Terry v. Ohio, 392 U.S. 1 (1968),
defined a special category of Fourth Amendment "seizures" so substantially less intrusive than arrests that the general rule requiring probable cause to make Fourth Amendment "seizures" reasonable could be replaced by a balancing test.
Dunaway v. New York, 442 U.S. 200, 210 (1979). See ante at 228. Such a balancing test is appropriate as long as it is conducted with full regard for the serious privacy interests implicated even by such a relatively non-intrusive stop. See Terry v. Ohio, supra. Of course, in the case of intrusions properly classifiable as full-scale arrests for Fourth Amendment purposes, no such balancing test is needed. Such arrests are governed by the probable cause standard provided by the text of the Fourth Amendment itself.
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Chicago:
Brennan, "Brennan, J., Concurring," United States v. Hensley, 469 U.S. 221 (1985) in 469 U.S. 221 469 U.S. 237. Original Sources, accessed July 5, 2025, http://www.originalsources.com/Document.aspx?DocID=3XCAZ53I3W68YJM.
MLA:
Brennan. "Brennan, J., Concurring." United States v. Hensley, 469 U.S. 221 (1985), in 469 U.S. 221, page 469 U.S. 237. Original Sources. 5 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=3XCAZ53I3W68YJM.
Harvard:
Brennan, 'Brennan, J., Concurring' in United States v. Hensley, 469 U.S. 221 (1985). cited in 1985, 469 U.S. 221, pp.469 U.S. 237. Original Sources, retrieved 5 July 2025, from http://www.originalsources.com/Document.aspx?DocID=3XCAZ53I3W68YJM.
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