Cite as: 531 U. S. 32 (2000)
Rehnquist, C. J., dissenting
I
As it is nowhere to be found in the Court's opinion, I begin with blackletter roadblock seizure law. "The principal protection of Fourth Amendment rights at checkpoints lies in appropriate limitations on the scope of the stop." United States v. Martinez-Fuerte, 428 U. S. 543, 566-567 (1976). Roadblock seizures are consistent with the Fourth Amendment if they are "carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of individual officers." Brown v. Texas, 443 U. S. 47, 51 (1979). Specifically, the constitutionality of a seizure turns upon "a weighing of the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty." Id., at 50-51.
We first applied these principles in Martinez-Fuerte, supra, which approved highway checkpoints for detecting illegal aliens. In Martinez-Fuerte, we balanced the United States' formidable interest in checking the flow of illegal immigrants against the limited "objective" and "subjective" intrusion on the motorists. The objective intrusion—the stop itself,1 the brief questioning of the occupants, and the visual inspection of the car—was considered "limited" because "[n]either the vehicle nor its occupants [were] searched." Id., at 558. Likewise, the subjective intrusion, or the fear and surprise engendered in law-abiding motorists by the nature of the stop, was found to be minimal because the "regularized manner in which [the] established checkpoints [were] operated [was] visible evidence, reassuring to law-abiding motorists, that the stops [were] duly authorized and believed to serve the public interest." Id., at 559. Indeed, the standardized operation of the roadblocks was viewed as
1 The record from one of the consolidated cases indicated that the stops lasted between three and five minutes. See United States v. Martinez-Fuerte, 428 U. S. 543, 546-547 (1976).
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