BLACKMUN, J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

412 U.S. 218

Schneckloth v. Bustamonte

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MR. JUSTICE BLACKMUN, concurring.

I join the Court's opinion and its judgment.

At the time Kaufman v. United States, a 394 U.S. 217 (1969), was decided, I, as a member of the Court of Appeals (but not of its panel) whose order was there reversed, found myself in agreement with the views expressed by Mr. Justice Harlan, writing for himself and my Brother STEWART in dissent. Id. at 242. My attitude has not changed in the four years that have passed since Kaufman was decided.

Although I agree with nearly all that MR. JUSTICE POWELL has to say in his detailed and persuasive concurring opinion, post, p. 250, I refrain from joining it at this time because, as MR. JUSTICE STEWART's opinion reveals, it is not necessary to reconsider Kaufman in order to decide the present case. [p250]