Search and Seizure: Supreme Court Rules Passengers Can Challenge Police Stops
In a unanimous decision, the US Supreme Court held Monday that passengers in a car stopped by police have the same right to challenge the constitutionality of that stop as the driver. The court held that when police stop a vehicle, the passengers are "seized" and have the right to challenge the legality of that seizure in court.
The ruling came in the case of California resident Bruce Edward Brendlin, who was arrested on parole violation and drug charges after the car in which he was riding was pulled over for what turned out to be bogus reasons by police. Once police had stopped the vehicle, they ordered Brendlin out of the car, searched him, the driver, and the vehicle, and found a syringe cap, a small amount of marijuana, and ingredients used to home cook methamphetamine.
While the driver of the vehicle did not challenge the constitutionality of the traffic stop, Brendlin did. He filed a motion to suppress the evidence against him, arguing that the traffic stop amounted to "an unlawful seizure of his person."
A California appeals court agreed, but the California Supreme Court overturned the appeals court decision. Instead, the California high court agreed with the state that even though police "had no adequate justification" to stop the vehicle in which Brendlin was riding, only the driver -- not any passengers -- had been "seized." Passengers in a vehicle stopped by police "would feel free to depart or otherwise to conduct his or her affairs as though the police were not present," the court reasoned.
But the US Supreme Court begged to differ. Any "reasonable passenger" would not feel free to simply leave the scene of a traffic stop, wrote Justice David Souter in the opinion in Brendlin v. California. "A traffic stop necessarily curtails the travel a passenger has chosen just as much as it halts the driver," Souder wrote. "Brendlin was seized from the moment [the driver's] car came to a halt on the side of the road, and it was error to deny his suppression motion on the ground that seizure occurred only at the formal arrest."
To find in favor of California's position that passengers are not "seized" during a traffic stop "would invite police officers to stop cars with passengers regardless of probable cause or reasonable suspicion of anything illegal," Souter wrote. "The fact that evidence uncovered as a result of an arbitrary traffic stop would still be admissible against any passengers would be a powerful incentive to run the kind of 'roving patrols' that would still violate the driver's Fourth Amendment right."
About time
Comment posted by Anonymous on Sun, 06/24/2007 - 11:05amHow about some one challenging the road side alcohol and drug check points where the police are being allowed to run 'roving patrols' that violate the driver's Fourth Amendment right?? I think it is long overdue!
hMMM
Comment posted by Anonymous on Wed, 10/10/2007 - 2:08amApparently you are a drunk if you are against roving patrols.
Long Overdue
Comment posted by Anonymous on Sun, 06/24/2007 - 11:12amHow about some one challenging the road side alcohol and drug check points where the police are being allowed to run 'roving patrols' that violate the driver and passenger's Fourth Amendment right?? I think it is long overdue! The police are being effectively allowed to stop motorists without probably cause or reasonable suspicion, they get to search every vehicle that comes through the check points and are also allowed to detain and waste motorists valuable time without probably cause, outrageous and unconstitutional.
No search
Comment posted by Anonymous on Fri, 12/07/2007 - 3:18pmthey are not allowed to merely search every car just for fun. If you smell like a brewery, they may investigate. It may save a family's life, and if that means you might be inconvenienced for about 30 seconds while you tell the officer you've had nothing to drink prior to getting behind the wheel, then that's too god damn bad for you, dummy.
drug checkpoints
Comment posted by Anonymous on Wed, 11/14/2007 - 1:13pmSupreme Court ruled in 2000 that drug checkpoints are illegal.
Jason
Civil Liberty
Comment posted by Anonymous on Sat, 05/31/2008 - 12:20amDo not attempt to physically resist an unlawful arrest, search or seizure.
Be courteous and provide your IDentification when asked.
U.S. Constitution:
right to remain silent, to consult with an attorney, and to be free from unreasonable searches and seizures.
Do not consent to any search of your person, your property, your residence or your vehicle.
“I refuse to waive rights and privileges afforded to me by the U.S Constitution:
• Fifth Amendment
The right to remain silent.
• Sixth Amendment
The right to an attorney of my choice.
I refuse to waive all privileges and rights pursuant to Miranda v. Arizona.
• Fourth Amendment
The right to be free from unreasonable searches and seizures.
I do not consent to any search or seizure of myself, of my house or of any property in my possession.
Any statement I make, or alleged consent is hereby made under protest to provide you with information.”
Again, Be courteous and provide your IDentification when asked.












digg
reddit




Seized Passengers
Comment posted by Anonymous on Fri, 06/22/2007 - 5:27pmWow! I agree with David Souter about something...will wonders never cease? I think this is a key decision and a correct one. Now if only the Supreme Court would rule that the very act of drug testing is also an "illegal search and seizure."