State v. Holmberg raised the question of whether "spot checks" of motor vehicles, when based upon neither the "probable cause" required for arrest nor the "reasonable suspicion" sufficient for an investigative seizure, are constitutional under the fourth amendment. The case is the first to consider the constitutionality of such stops in light of United States v. Brignoni-Ponce, in which the Supreme Court condemned similar stops by United States Border Patrol officers. The court's failure to consider the reasoning of Brignoni-Ponce leaves the Holmberg opinion extremely unsatisfying.
"Random" Spot Checks and the Fourth Amendment: State v. Holmberg, 194 Neb. 337, 231 N.W.2d 672 (1975),
55 Neb. L. Rev. 316
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