Supreme Court Victory: Passengers Have Rights Too

Still not too sure what this means but it sounds good. So if a officer wants to arrest me I just say 4th amendment? HA wish it was that easy.

Prior to this ruling, California's Supreme Court ruled that even if an officer illegally stopped a vehicle, only the driver could challenge the illegal stop in court; passengers could not. The U.S. Supreme Court reversed, saying that both drivers AND passengers can challenge illegal stops in court.

To illustrate with an example, suppose an officer in California made an illegal traffic stop. After walking up to the car, the officer saw marijuana in the glove compartment, seized it, and arrested both the driver and the passenger for possession of marijuana. Under the California ruling (which is now invalid), the driver would be able to get the marijuana suppressed before trial, but the marijuana would still be admissible in the trial for the passenger. Now that SCOTUS has reversed, both the driver AND the passenger can get the marijuana suppressed.

So, does that mean that, if I am a passenger and the vehicle is stopped and I am due at work and I know that the driver was a warrant for whatever, that I may simply walk away: if the vehicle is not mine and not stolen, I was not driving, and there is no visable infraction ?

Also, in California, am I required to carry ID ? Jogging or walking the dog?

In California, if I step away from my front yard and a patrolman ask for ID, must I present it?

My son was pulled over for a routine traffic violation. He rolled through a stop sign. The officer called dispatch and found out that his license was "clear and valid". The officer told him "he was fine and that she was writing him a violation for rolling through the stop sign and a cracked windshield. After that, she called dispatch and they told her that he had a prior arrest for DUI and possession so she went back to his car and started asking him when was the last time he used pot. He told her back on the day of his arrest approximately a month ago. She then told him she didn't believe him and started to perform sobriety tests. (Standing on one leg and counting, walking heel to toe for nine steps back and forth) She then announced she wasn't convinced and arrested him and searched his car. My question is.... Was the search legal? She told him he was fine so she obviously didn't think he looked impaired. The only reason that she proceeded with accusations was because she found out he had a prior arrest and was with the same passenger.

What should I have done, instead? I feel all was unnecessary!

I was traveling home after work with my boyfriend and two police cars were blocking the right of way on a double line (no passing) behind a truck which I guess they had pulled over. I stopped behind and check to see if it was safe to go around then proceeded around. I in turn was then pulled over and the officer stated that I was suppose to remain until told to pass. Neither of them were in the road with directions at the time. Well although, I was in the wrong for driving with a suspended license unaware that they do not get reinstated automatically after the 30 day period I was being ticketed for the suspension and given a court date. The officer asked if I consent to a search, I hesitated, He then said If you don't I will impound your car to the police lot, do a legal search. I said okay. They told me to call someone as I will have to get the car home or have it towed. I call my mother to come get me since I was not able to drive & boyfriend didn't have a license on him. My mother got there and they told her to stay in the vehicle, then proceeded to ask my passenger(boyfriend) out of car. He willing go out then they asked him if he had any items on him he stated no..Officer said empty your pockets and place him up against car to do a pat down search. My mother wanted to know why they were doing this also, He didn't do anything to provoke him & was just a passenger. The officer then started searching my car my mother wanted to know why they were searching the way they were, going through my purse, armrest, glove compartment, doors, under seats, grocery bags, etc.. she said she thought they could only search visible.
And as as mother was very verbal. The officer said that I consented, besides he could do so as I was arrested at this point & could have taken car anyway. I live in Florida (panhandle) and want to know if I was arrested (how do I know)they only said stand there until they finished writing the ticket, could I have said NO and what would have happened. I didn't have anything illegal.
I was just afraid to ask any questions. Also didn't want them taking my car as this would cost more for the tow, impound and storage on top of the fine, ticket and probably probation charges.

I would like to know for future it above were the same without the suspension, as my mother said she would have done the same thing.....GO AROUND!

I think she did the best thing by cooperating with the police. The only thing that bothered me was the personal serach of her purse as there was nothing in plain view at the time of the stop to warrant a search of her purse. Now I am assuming that the officer considered it as part of the car search. Now unless the the police officer can prove that the purse was an integeral part of the car. The search of the purse is illegal. It is reasonable to say that under any other circumstance the purse would be on her and if the purse was snapped shut that she was consious of her privacy. Which would require a good reason the search it (probable cause) as it is not subject to the plain view rule. Another thing when the police told her that she was under arrest it would also be reasonable to conclude that she would be put in jail,which would require her miranda rights to be read. As for the patdown that is for the officers saftey if and only if there is a threat to saftey. And finally some laws differ from state to state,usually they are considerably uniform. I may not live in the same state as you.

If this happens in the future and you are not under suspension, wait for the police to clear your car for saftey. And if by chance they do stop you, ask them if anything is wrong. If they ask to search your car without probable cause, do not consent. Watch the busted video you can get from this site. When your mother asked why your car was being searched the police are under no obligation to tell her since she is not the owner of the car and it was not being operated by her. As for your boyfriend being patted down if he posed no threat then it was illegal and he should have made it clear, peacefully of course, that he did not consent to a personal serach.
Another thing, if the cop told you that he could have your vehicle towed in order to do a legal search this would be a clue not to consent to an otherwise illegal search. Keeping in mind that you were under suspension, that would be very hard to fight. Now if the police officer told you were under arrest he would have to read you your rights, under the logical conclusion that you were going to jail, that made your detainment illegal because he never made you aware of your rights. Here is something you should keep in mind, never ever drive under suspension it's not worth the risk. Finally, I do not believe the officer was intentionally doing anything wrong. It seemed to me he was being very fair with you, not counting what i discussed earlier. Most police officers are not bad and they do need our support, they are only human after all and are bound to make mistakes.

The fact that the officer told her she was under arrest, the detainment could be ruled as illegal because there is a reasonable conclusion that she would be going to jail and aksed further questions regarding her crime. In this instance the reading of the Miranda rights would apply. I know I could get this thrown out of court rather easily. Another question how could you competently do your job as a police officer without asking someone who is under arrest questions, just because the questioning is not in an interrogation room does not make the the Miranda rights invalid because what you say can and will be used againts you, Otherwise any information obtained during questioning would not be admissiable in court. In conclusion, being under arrest and questioning qo hand in hand because police would never obtain all of the facts. Which requires the Miranda rights being read. At this point it really would be speculation as there is no corroberation that the officer actully placed her under arrest. I am interested in your view point on this.

Of course when someone is under arrest and I decide to ask them questions regarding their crime Miranda does apply. However, I was refering more to traffic stop scenarios when people are only being detained. I don't know what your refering to when you say you could of got this thrown out easy. Are you referring to the stop, the ticket for Driving after suspension, or the search of the vehicle? The only part of the scenario that seemed sketchy to me was possibly the search of the purse.

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So, does that mean that, if I am a passenger and the vehicle is stopped and I am due at work and I know that the driver was a warrant for whatever, that I may simply walk away: acomplia if the vehicle is not mine and not stolen, I was not driving, and there is no visable infraction ?

Yes AZC

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I like the ruling, you can not let the cops do whatever they want will breaking the constitution

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