United States v. Peltier, 422 U.S. 531 (1975)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

This Court’s decision in Almeida-Sanchez v. United States, 413 U.S. 266, which held that a warrantless automobile search, conducted about 25 air miles from the Mexican border by Border Patrol agents acting without probable cause, contravened the Fourth Amendment, does not apply to Border Patrol searches like the one in this case, which, though concededly unconstitutional under Almeida-Sanchez standards, was conducted prior to June 21, 1973, the date of that decision. The policies underlying the exclusionary rule do not require retroactive application of Almeida-Sanchez where, as here, the agents were acting in reliance upon a federal statute supported by longstanding administrative regulations and continuous judicial approval. Pp. 535-542.

500 F.2d 985, reversed.

REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, BLACKMUN, and POWELL, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 543. BRENNAN, J., filed a dissenting opinion, in which MARSHALL, J, joined, and in Part I of which STEWART, J., joined, post, p. 544. STEWART, J., filed a dissenting statement, post, p. 543.