United States v. Ross

Justice Blackmun,

concurring.

My dissents in prior cases have indicated my continuing dissatisfaction and discomfort with the Court’s vacillation in what is rightly described as “this troubled area.” Ante, at 817. See United States v. Chadwick, 433 U. S. 1, 17 (1977); Arkansas v. Sanders, 442 U. S. 753, 768 (1979); Robbins v. California, 453 U. S. 420, 436 (1981).

I adhere to the views expressed in those dissents. It is important, however, not only for the Court as an institution, but also for law enforcement officials and defendants, that the applicable legal rules be clearly established. Justice Stevens’ opinion for the Court now accomplishes much in this respect, and it should clarify a good bit of the confusion that has existed. In order to have an authoritative ruling, I join the Court’s opinion and judgment.