Maryland v. Buie/Concurrence Kennedy

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656521Maryland v. Buie — Concurring OpinionAnthony Kennedy
Court Documents
Case Syllabus
Opinion of the Court
Concurring Opinions
Stevens
Kennedy
Dissenting Opinion
Brennan
 Wikipedia article

Justice KENNEDY, concurring.

The Court adopts the prudent course of explaining the general rule and permitting the state court to apply it in the first instance. The concurrence by Justice Stevens, however, makes the gratuitous observation that the State has a formidable task on remand. My view is quite to the contrary. Based on my present understanding of the record, I should think the officers' conduct here was in full accord with standard police safety procedure, and that the officers would have been remiss if they had not taken these precautions. This comment is necessary, lest by acquiescence the impression be left that Justice Stevens' views can be interpreted as authoritative guidance for application of our ruling to the facts of the case.


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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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