Passengers Seized Along with Car at Traffic Stops?

Have you ever been a passenger in a car that was pulled over by a police officer? Depending on the Supreme Court’s decision in Brendlin v. California, if this happened to you, you might have been “seized” within the meaning of the 4th Amendment.

In this case, Brendlin was a passenger in a car stopped by a police officer to investigate a possibly expired registration. The stop was later found to be improper because the same officer had already checked the registration of that exact car earlier in the day. However, when the officer stopped the car, he recognized Brendlin as a former convict wanted for parole violation and arrested him. When the officer searched the car, he found methamphetamine supplies. Brendlin later pleaded guilty to narcotics charges, but then appealed to suppress the evidence that he claimed was obtained through illegal seizure. Because he was seized as a passenger in the illegal seizure of the car, the resulting search and evidence found against him fall under the 4th Amendment protection against unwarranted search and seizure. Read more here.

Ironically, Brendlin might win his constitutional argument but still wind up being convicted. If the Court decides that passengers are seized along with the driver in a traffic stop, they might still rule that his arrest was based on a warrant for his parole violation and therefore provided justification for the search.