WASHINGTON --
Passengers, like drivers, have a constitutional right to challenge the legality of police decisions to stop cars in which they are traveling, the Supreme Court said Monday.
Bruce Brendlin was convicted of drug possession after a sheriff's deputy stopped a car in which he was a passenger in Yuba City, Calif., in 2001.
Brendlin was wanted for a parole violation, although the deputy who ordered the car to pull over didn't know beforehand that Brendlin was in the vehicle.
Brendlin appealed his conviction, arguing that the drug evidence should be suppressed because it was found as the result of an illegal stop. The state has since conceded there was no basis to stop the car.
But California also argued that Brendlin's conviction should stand because only the driver was covered by the Fourth Amendment's protections against unreasonable searches and seizures.
Justice David Souter, writing for a unanimous court, disagreed. "A traffic stop necessarily curtails the travel a passenger has chosen just as much as it halts the driver," Souter said.
The American Civil Liberties Union and the NAACP backed Brendlin, arguing that a ruling in the state's favor would encourage police to conduct arbitrary traffic stops to target passengers, especially minorities, who lack the same rights as drivers.
Most state and federal courts already permit challenges by passengers. California, Colorado and Washington state do not.
The case is Brendlin v. California, 06-8120.
Information From: AP Wire Services
Posted by: phuzz01
I don't really have a problem with that. The passengers in a vehicle are temporarily detained in the same way that the driver is. Otherwise, they could just get out and start walking away from the stop and we would have no right to prevent that.
Also, this ruling doesn't say that there was no reasonable suspicion for the stop in this case. It simply says that the defendant has a right to challenge the stop. If the vehicle is displaying expired plates, I would imagine the stop will be upheld.
Posted by: Macop
No the passengers are NOT detained the same way the operator is. If you stop a car for speeding or another simple CMVI, the passenger can get out and walk away and you cant do jack about it unles you have some specific amd articutable circunstances that dictate otherwise.
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