Antonin Scalia

“ The investigation of crime would always be simplified if warrants were unnecessary. But the Fourth Amendment reflects the view of those who wrote the Bill of Rights that the privacy of a person's home and property may not be totally sacrificed in the name of maximum simplicity in enforcement of the criminal law. ”

“ Our decisions have always acknowledged that the warrant requirement imposes a burden on law enforcement. And our cases have not questioned that trained professionals normally make reliable assessments of the existence of probable cause to conduct a search. We have repeatedly held, however, that these factors are outweighed by the individual interest in privacy that is protected by advance judicial approval. ”

“ One's privacy interest in one's luggage can certainly not be diminished by one's removing it from a public thoroughfare and placing it-out of sight-in a privately owned vehicle. Nor is the danger that evidence will escape increased if the luggage is in a car rather than on the street. ”

“ These concerns that justified our holding in Ross are not implicated in cases like Chadwick and Sanders in which the police have probable cause to search a particular container rather than the entire vehicle. Because the police can seize the container which is the object of their search, they have no need either to search or to seize the entire vehicle. Indeed, as even the Court today recognizes, they have no authority to do so. ”

“ Unquestionably the rejection of the Sanders line of cases by today's decision will result in a significant loss of individual privacy.
To support its argument that today's holding works only a minimal intrusion on privacy, the Court suggests that " [i] f the police know that they may open a bag only if they are actually searching the entire car, they may search more extensively than they otherwise would in order to establish the general probable cause required by Ross." ”

“ Once a lawful search has begun, it is also far more likely that it will not exceed proper bounds when it is done pursuant to a judicial authorization 'particularly describing the place to be searched and the persons or things to be seized.' Further, a warrant assures the individual whose property is searched or seized of the lawful authority of the executing officer, his need to search, and the limits of his power to search. ”

“ The Government's principal contention was that "the Fourth Amendment Warrant Clause protects only interests traditionally identified with the home." Id., at 6, 97 S.Ct., at 2481. We categorically rejected that contention, relying on the history and text of the amendment, [1] the policy underlying the warrant requirement, [2] and a line of cases spanning over a century of our jurisprudence. [3] We also rejected the Government's alternative argument that the rationale of our automobile search cases demonstrated the reasonableness of permitting warrantless searches of luggage. ”

“ We held in Ross that "the scope of the warrantless search authorized by [the automobile] exception is no broader and no narrower than a magistrate could legitimately authorize by warrant." See id., at 825, 102 S.Ct., at 2173. The inherent mobility of the vehicle justified the immediate search without a warrant, but did not affect the scope of the search. See id., at 822, 102 S.Ct., at 2171. Thus, the search could encompass containers, which might or might not conceal the object of the search, as well as the remainder of the vehicle. ”

“ Wakely, supra, and confuses rather than facilitates any attempt to develop rules of reasonableness in light of changed legal circumstances, as the anomaly eliminated and the anomaly created by today's holding both demonstrate.
And there are more anomalies still. Under our precedents (as at common law) , a person may be arrested outside the home on the basis of probable cause, without an arrest warrant. ”

“ Whether arrested in a hotel lobby, an airport, a railroad terminal, or on a public street, as here, the owner has the right to expect that the contents of his luggage will not, without his consent, be exposed on demand of the police. ”

“ Despite repeated claims that Chadwick and Sanders have "impeded effective law enforcement," ante, at 574, 576, the Court cites no authority for its contentions. Moreover, all evidence that does exist points to the contrary conclusion. In the years since Ross was decided, the Court has heard argument in 30 Fourth Amendment cases involving narcotics. [12] In all but one, the government was the petitioner. [13] All save two involved a search or seizure without a warrant or with a defective warrant. [14] And, in all except three, the Court upheld the constitutionality of the search or seizure. ”

“ Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime. ”

“ Clapp, 10 Johns. 263 (N.Y.1813) ; 4 W. Blackstone, Commentaries 288 (1769) . By restricting the issuance of warrants, the Framers endeavored to preserve the jury's role in regulating searches and seizures. Amar, supra; Posner, Rethinking the Fourth Amendment, 1981 S.Ct.Rev., 49, 72-73; see also T. Taylor, Two Studies in Constitutional Interpretation 41 (1969) .
Although the Fourth Amendment does not explicitly impose the requirement of a warrant, it is of course textually possible to consider that implicit within the requirement of reasonableness. ”

“ Trends and Developments 1980-1981 (1982) , was written prior to the decision in Ross. Moreover, rather than criticizing Chadwick and Sanders, the article expressly endorses Justice Brennan's refutation of the arguments advanced by Justice BLACKMUN in his dissent in Chadwick. See id., at 83-85. The other two articles were written shortly after Ross, and both criticize Ross rather than Chadwick or Sanders. See Gardner, Searches and Seizures of Automobiles and Their Contents: Fourth Amendment Considerations in a Post-Ross World, 62 Neb.L.Rev. 1 (1983) ”