Ferguson v. City of Charleston — Kennedy, J., Concurring

Summary

Justice Kennedy concurs in the judgment, agreeing the search policy cannot be sustained under the Fourth Amendment but disagreeing with the majority's special needs analysis. He argues the policy lacks exemption because law enforcement was integral to its implementation, including threats of arrest. Consent issues are left for resolution on remand. Justice Scalia, dissenting, finds no search occurred and validates the policy under the special needs doctrine.