Concurring Opinions
Justice Brennan concurred in the Court's judgment because he agreed with the Second Circuit that the scope of the agents' seizure of Place's luggage was unreasonable. Furthermore, Brennan noted that while Terry may authorize seizures of personal effects incident to a lawful seizure of the person, nothing in the Terry line of cases authorizes the police to seize personal property, such as luggage, independent of the seizure of the person. For Brennan, it was therefore unnecessary for the Court to decide whether the dog sniff constitutes a "search" under the Fourth Amendment. It was Brennan's view that dog sniffs can reveal more information than just the presence or absence of narcotics, and therefore constituted a "search." But Brennan did not feel that this case was an appropriate vehicle for the Court to decide how to handle dog sniffs under the Fourth Amendment.
Justice Blackmun also felt that this case was not appropriate for deciding the status of dog sniffs under the Fourth Amendment. For one thing, Blackmun observed, Place had not raised the issue in either the district court or the Second Circuit. For another, Blackmun agreed with Brennan that it was not necessary to decide whether a dog sniff is a "search" in order to decide the case, because the seizure of Place's luggage was unreasonable in any event.
Read more about this topic: United States V. Place
Famous quotes containing the word opinions:
“No two men see the world exactly alike, and different temperaments will apply in different ways a principle that they both acknowledge. The same man will, indeed, often see and judge the same things differently on different occasions: early convictions must give way to more mature ones. Nevertheless, may not the opinions that a man holds and expresses withstand all trials, if he only remains true to himself and others?”
—Johann Wolfgang Von Goethe (1749–1832)