If you follow Supreme Court Fourth Amendment cases you know that seeing unusual line ups of Justice isn’t unusual at all. Justice Scalia siding with the criminal defendant is usual though. In Prado Navarette v. California Justice Scalia dissents with the three female Justices from a majority opinion that he claims “serves up a freedom-destroying cocktail.”
In this case an anonymous 911 caller reported that a vehicle had run her off the road. The Court held 5-4 that a police stop complied with the Fourth Amendment because, under the totality of the circumstances, the officers had reasonable suspicion that the driver was intoxicated. When police stopped the Navarette brothers they smelled marijuana. A search of the vehicle revealed 30 pounds of marijuana.