Legal Opinion · Dissent

United States v. Avance R. Allen

Court of Appeals for the D.C. Circuit

Decided May 27, 1980No. 79-1626Published

1DissentBazelon, Senior Circuit Judge

Because on this record the government has not established probable cause for appellant’s initial arrest for drinking in public, I dissent.

An arrest is among the gravest intrusions of government upon the autonomy of a citizen:

*59No right is held more sacred, or is more carefully guarded . . . than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.1

Once under arrest, an individual is deprived of his liberty. He is also subject to additional, obvious indignities such…

2Cases cited34 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Carroll v. United StatesSupreme Court of the United States · 1925
  5. Brinegar v. United StatesSupreme Court of the United States · 1949

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API