Posted on 06/18/2007 3:02:53 PM PDT by Hal1950
The Supreme Court ruled unanimously today that a passenger in a vehicle has the same right as a driver to challenge the constitutionality of a traffic stop.
The court decided that when police stop a vehicle, passengers are "seized" within the meaning of the Fourth Amendment and -- like drivers -- can dispute the legality of a search.
The ruling overturned a California Supreme Court decision in the case of Bruce Edward Brendlin, who was arrested on parole violation and drug charges after a November 2001 traffic stop in Yuba City, Calif.
Brendlin, who subsequently was sentenced to four years in prison, appealed his conviction on the grounds that the drug evidence should have been suppressed because the traffic stop amounted to "an unlawful seizure of his person," according to today's ruling.
(Excerpt) Read more at washingtonpost.com ...
Good decision.
There was debate on this? Odd. Didn’t the police stop the whole car?
Also I’m sick and tired of hearing “Where are you going?” Well; I’m an American so I’m going anywhere I damn well please.
Yes, a very good decision.
“The California Supreme Court sided with the state in the case, known as Brendlin v. California, reasoning that Brendlin was not seized because the car’s driver was the exclusive target of the traffic stop and that a passenger “would feel free to depart or otherwise to conduct his or her affairs as though the police were not present.””
I don’t know where these idiots on the CA SC got their idea from, but if you, as a passenger, try to depart the scene of a traffic stop, you’re going to get held at gunpoint, felony-arrested, thrown in the back of a police car and charged with eluding arrest. “Free to leave,” my arse.
It should also be noted that the individual challenging this isn’t going to go free - he was actually wanted before he was stopped. They’re going to toss the additional charges that were the result of the stop, but he’s still going to jail.
I was out at about 2am one night driving my wife’s 90 year old grandmother home after a long family party.
Zipping along a 2 lane road bounded by forest preserves at the (legal) 50mph I came around a curve and upon a roadblock that gave me about 100ft to slow to a stop. I was directed with the other traffic into a ‘holding area’ and forced to produce license, registration and insurance.
When they asked where I was going, I angrily said I was driving my wife’s grandmother home.
I was let out of the line where they seemed to be scrutinizing documents, safety equipment on the cars and, through the windows, the contents of the cars.
Trying to find violations.
IMHO it’s as more about revenue generation than it is about ‘safety’
Question....do the police have the right to do a quick search/pat down of the occupants for weapons..to protect themselves?
I am shocked that Scalia voted with the rest on this, based on his past history of never seeing a search he did not like.
Sure - but only if they’re detaining them. Otherwise, the police could search everyone walking by them on the sidewalk in the name of “safety”.
Absolutely.
Cops pull over a car driving suspiciously with 4 young men in it..gang banger types..wearing the hoodies..loose, bulky clothes..you know the drill..they can’t tell them to get out of the car, or pat them down?..If that’s true, we need to take the justices on ride-alongs through LA
I would have said it's not your your damn business.
checkpoints for impaired drivers are allowed as they are viewed as in line with public policy of protecting against impaired drivers on the roadways. However checkpoints to sniff your car for drug trafficking are not allowed because drug trafficking doesn't have anything to do with protecting the public from unsafe drivers on the roadways.
I think I got that right....
My kid and his friends wear hoodies and drive their old beaters through the nicer parts of town. Why should they be profiled?
He doesn't want them profiled, he wants them cavity searched.
Yeah, do it on your own road, not mine.
The other one is the repeated slowdown ~
ping
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