[ Rehnquist ]
[ Scalia ]
UNITED STATES, PETITIONER v. RALPH ARVIZU
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[January 15, 2002]
Justice Scalia, concurring.
I join the opinion of the Court, because I believe it accords with our opinion in Ornelas v. United States, 517 U.S. 690, 699 (1996), requiring de novo review which nonetheless gives due weight to inferences drawn from [the] facts by resident judges . . . . As I said in my dissent in Ornelas, however, I do not see how deferring to the District Courts factual inferences (as opposed to its findings of fact) is compatible with de novo review. Id., at 705.
The Court today says that due weight should have been given to the District Courts determinations that the childrens waving was
I may add that, even holding the Ninth Circuit to no more than the traditional methodology of de novo review, its judgment here would have to be reversed.