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ROBBINS v. CALIFORNIA

No. 80-148.

453 U.S. 420 (1981)

ROBBINS v. CALIFORNIA.

Supreme Court of United States.

Decided July 1, 1981.

Attorney(s) appearing for the Case

Marshall W. Krause argued the cause for petitioner. With him on the briefs was Joseph G. Baxter.

Ronald E. Niver, Deputy Attorney General of California, argued the cause for respondent. With him on the brief were George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, and Clifford K. Thompson, Jr., Deputy Attorney General.

Deputy Solicitor General Frey argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General McCree, Acting Assistant Attorney General Keeney, Joshua I. Schwartz, and John Fichter De Pue.*

JUSTICE STEWART announced the judgment of the Court and delivered an opinion, in which JUSTICE BRENNAN, JUSTICE WHITE, and JUSTICE MARSHALL joined.

I

On the early morning of January 5, 1975, California Highway Patrol officers stopped the petitioner's car—a 1966 Chevrolet station wagon—because he had been driving erratically. He got out of his vehicle and walked towards the patrol car. When one of the...

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