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DEVENPECK v. ALFORD

No. 03-710.

543 U.S. 146 (2004)

DEVENPECK ET AL. v. ALFORD

Supreme Court of United States.

Decided December 13, 2004.

Attorney(s) appearing for the Case

Maureen A. Hart, Senior Assistant Attorney General of Washington, argued the cause for petitioners. With her on the briefs were Christine O. Gregoire, Attorney General, Robert K. Costello, Deputy Attorney General, William Berggren Collins, Senior Assistant Attorney General, Michael P. Lynch, and Eric A. Mentzer, Assistant Attorney General.

Deputy Attorney General Comey argued the cause for the United States as amicus curiae urging reversal. On the brief were Acting Solicitor General Clement, former Solicitor General Olson, Assistant Attorneys General Keisler and Wray, Deputy Solicitor General Dreeben, John P. Elwood, Joel M. Gershowitz, and Richard A. Olderman.

R. Stuart Phillips argued the cause and filed a brief for respondent.*

SCALIA, J., delivered the opinion of the Court, in which all other Members joined, except REHNQUIST, C. J., who took no part in the decision of the case.

JUSTICE SCALIA delivered the opinion of the Court.

This case presents the question whether an arrest is lawful under the Fourth Amendment when the criminal offense for which there is probable cause to arrest is not "closely related" to the offense stated by the arresting officer at the time of arrest.

I

A

On the night of November 22, 1997, a disabled automobile and its passengers were stranded...

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