Bond v. United States, 529 U.S. 334, 2 (2000)

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Cite as: 529 U. S. 334 (2000)

Opinion of the Court

Rehnquist, C. J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Breyer, J., filed a dissenting opinion, in which Scalia, J., joined, post, p. 339.

M. Carolyn Fuentes argued the cause for petitioner. With her on the briefs were Lucien B. Campbell and Henry J. Bemporad.

Jeffrey A. Lamken argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, and Deputy Solicitor General Dreeben.*

Chief Justice Rehnquist delivered the opinion of the Court.

This case presents the question whether a law enforcement officer's physical manipulation of a bus passenger's carry-on luggage violated the Fourth Amendment's proscription against unreasonable searches. We hold that it did.

Petitioner Steven Dewayne Bond was a passenger on a Greyhound bus that left California bound for Little Rock, Arkansas. The bus stopped, as it was required to do, at the permanent Border Patrol checkpoint in Sierra Blanca, Texas. Border Patrol Agent Cesar Cantu boarded the bus to check the immigration status of its passengers. After reaching the back of the bus, having satisfied himself that the passengers were lawfully in the United States, Agent Cantu began walking toward the front. Along the way, he squeezed the soft luggage which passengers had placed in the overhead storage space above the seats.

*Briefs of amici curiae urging reversal were filed for the National Association of Criminal Defense Lawyers et al. by William J. Mertens and Barbara Bergman; and for the Pro Bono Criminal Assistance Project by David L. Heilberg.

Stephen R. McSpadden filed a brief for the National Association of Police Organizations as amicus curiae urging affirmance.

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