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Brinegar v. United States : ウィキペディア英語版 | Brinegar v. United States
''Brinegar v. United States'', , was a United States Supreme Court case employing the "reasonableness test" in warrantless searches. The Court held that while the police need not always be factually correct in conducting a warrantless search, such a search must always be reasonable. == Background == In ''Brinegar'', the defendant had a reputation for illegally transporting liquor across state lines in violation of 27 U.S.C. 223.〔''Brinegar v. United States'', .〕〔27 U.S.C. 223 (1936) provided: :Whoever shall import, bring or transport any intoxicating liquor into any State in which all sales ... of intoxicating liquor containing more than 4 per centum of alcohol by volume are prohibited, otherwise than in the course of continuous interstate transportation through such State, or attempt so to do, or assist in so doing, shall ... if all importation, bringing, or transportation or intoxicating liquor into such State is prohibited by the law thereof; be guilty of a misdemeanor and fined not more than $ 1,000 or imprisoned not more than one year, or both. 27 U.S.C. 223 (1936).〕 One day when the defendant's car passed an officer, who was parked on the edge of a highway, the officer recognized the defendant and noted that the defendant's vehicle looked "heavily loaded." Upon stopping the vehicle, the officer could see one case of alcohol in the front seat of the car, but the defendant later denied that any liquor was visible. The defendant was arrested for the 27 U.S.C. 223 violation, and the officer seized the alcohol in the car as well as the alcohol he found in the trunk after the arrest. The defendant challenged the constitutionality of his arrest on the grounds that the officer did not have probable cause, and thus the seizure of the alcohol was not pursuant to a valid stop.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Brinegar v. United States」の詳細全文を読む
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