United States v. Ortiz, 422 U.S. 891 (1975)

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Author: Justice White

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United States v. Ortiz, 422 U.S. 891 (1975)

MR. JUSTICE WHITE, with whom MR. JUSTICE BLACKMUN joins, concurring in the judgment.*

Given Almeida-Sanchez v. United States, 413 U.S. 266 (1973), with which I disagreed but which is now authoritative, the results reached in these cases were largely foreordained. The Court purports to leave the question open, but it seems to me, my Brother REHNQUIST notwithstanding, that, under the Court’s opinions, checkpoint investigative stops, without search, will be difficult to justify under the Fourth Amendment absent probable cause or reasonable suspicion. In any event, the Court has thus dismantled major parts of the apparatus by which the Nation has attempted to intercept millions of aliens who enter and remain illegally in this country.

The entire system, however, has been notably unsuccessful in deterring or stemming this heavy flow, and its costs, including added burdens on the courts, have been substantial. Perhaps the Judiciary should not strain to accommodate the requirements of the Fourth Amendment to the needs of a system which, at best, can demonstrate only minimal effectiveness as long as it is lawful for business firms and others to employ aliens who are illegally in the country. This problem, which ordinary law enforcement has not been able to solve, essentially poses questions of national policy, and is chiefly the business of Congress and the Executive Branch, rather than the courts.

I concur in the judgment in these two cases.

* [This opinion applies also to No. 74-114, United States v. Brignoni-Ponce, ante p. 873.]

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Chicago: White, "White, J., Concurring," United States v. Ortiz, 422 U.S. 891 (1975) in 422 U.S. 891 422 U.S. 915. Original Sources, accessed August 17, 2022, http://www.originalsources.com/Document.aspx?DocID=4LSQME86PCRMXQZ.

MLA: White. "White, J., Concurring." United States v. Ortiz, 422 U.S. 891 (1975), in 422 U.S. 891, page 422 U.S. 915. Original Sources. 17 Aug. 2022. http://www.originalsources.com/Document.aspx?DocID=4LSQME86PCRMXQZ.

Harvard: White, 'White, J., Concurring' in United States v. Ortiz, 422 U.S. 891 (1975). cited in 1975, 422 U.S. 891, pp.422 U.S. 915. Original Sources, retrieved 17 August 2022, from http://www.originalsources.com/Document.aspx?DocID=4LSQME86PCRMXQZ.