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Author Topic: Delaware v. Prowse, 440 U.S. 648 (1979)  (Read 1990 times)

Arizona Ranger

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Delaware v. Prowse, 440 U.S. 648 (1979)
« on: October 10, 2005, 01:04:48 pm »

One of the greatest blows against abuse by LEO's of the 4th Amendment was the matter of the State Of Delaware V. Prowse in which the US Supreme Court ruled Police searches under selective enforcement (RE: Profiling) Unconstitutional.... :mellow:

Early in the 1970's a Driver (Prowse) of a Hippie VW Van was pulled over by a Delaware JBT on the basis that he felt Prowse was a suspicious person just because he drove a Hippie Van. When the JBT asked Prowse for his License and Registration, Driver Prowse refused stating the entire matter was illegal because Prowse was'nt speeding, obeying local traffic laws, and Van was in proper running order.... :dontknow:

The Delaware JBT then grew angry mainly beause the local Dunkin Donuts ran out of Boston Creme's  ordered Prowse out of his van and then proceeded to search the van. He found .25 mgs of Marijuana and then arrested Prowse for possession. Prowse appeared in Municipal Court and plead Not Guilty stating the JBT performed an unlawful search and seizure. The Court found him Guilty and fined him $50 :angry:

Prowse still protested and took his case to the Appellate Court. The Court upheld the decision of the Lower Court. Still angry Prowse fought it all the way to the Supreme Court where in 1979 it was the opinion of the USC that Prowse's 4th Amendment Rights were violated based on the fact the JBT performed an unreasonable search and seizure... :doh:

Delaware V. Prowse has been referred to in many cases concering Police Misconduct regarding pulling over Motorists based on their Race, Appearance, or Mode of Transport.... :nono:

You can research this further via your State's Bar Association Website or via the ACLU... :brave:
« Last Edit: October 10, 2005, 02:50:23 pm by Arizona Ranger »
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