Davis v. Mississippi (394 U.S. 721)/Concurrence Harlan

by John Marshall Harlan II

United States Supreme Court

394 U.S. 721

Davis  v.  Mississippi

 Argued: Feb. 26 and 27, 1969. --- Decided: April 22, 1969

Mr. Justice HARLAN, concurring.

I join the opinion of the Court, with one reservation. The Court states in dictum that, because fingerprinting may be scheduled for a time convenient to the citizen, 'the general requirement that the authorization of a judicial officer be obtained in advance of detention would seem not to admit of any exception in the fingerprinting context.' Ante, this page. I cannot concur in so sweeping a proposition. There may be circumstances, falling short of the 'dragnet' procedures employed in this case, where compelled submission to fingerprinting would not amount to a violation of the Fourth Amendment even in the absence of a warrant, and I would leave that question open.

Mr. Justice BLACK, dissenting.

Notes