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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-2019
- --------
- MINNESOTA, PETITIONER v. TIMOTHY
- DICKERSON
- on writ of certiorari to the supreme court of
- minnesota
- [June 7, 1993]
-
- Chief Justice Rehnquist, with whom Justice
- Blackmun and Justice Thomas join, concurring in part
- and dissenting in part.
- I join Parts I and II of the Court's opinion. Unlike the
- Court, however, I would vacate the judgment of the
- Supreme Court of Minnesota and remand the case to that
- court for further proceedings.
- The Court, correctly in my view, states that -the
- dispositive question before this Court is whether the
- officer who conducted the search was acting within the
- lawful bounds marked by Terry [v. Ohio, 392 U. S. 1
- (1968),] at the time he gained probable cause to believe
- that the lump in respondent's jacket was contraband.-
- Ante, at 11. The Court then goes on to point out that the
- state trial court did not make precise findings on this
- point, but accepts the appellate findings made by the
- Supreme Court of Minnesota. I believe that these find-
- ings, like those of the trial court, are imprecise and not
- directed expressly to the question of the officer's probable
- cause to believe that the lump was contraband. Because
- the Supreme Court of Minnesota employed a Fourth
- Amendment analysis which differs significantly from that
- now adopted by this Court, I would vacate its judgment
- and remand the case for further proceedings there in the
- light of this Court's opinion.
-