Quote :

"WASHINGTON - A unanimous Supreme Court ruled Monday that passengers in vehicles pulled over by the police have the same rights as drivers to challenge the legality of the traffic stop when it results in an arrest. The court said that passengers, like the driver, are "seized" by police when the vehicle they are traveling in is stopped and are thus covered by the Fourth Amendment and allowed to challenge unreasonable searches and seizures. In the case before the court, a California passenger, Bruce Brendlin, was charged with drug possession after drug paraphernalia was found in the car. He argued that the discovery of the evidence was the result of an unconstitutional seizure because police lacked probable cause to make the traffic stop. The California Supreme Court said Brendlin had no ground to make such a challenge because he had not been seized by the police and had given tacit approval to the search by staying in the car rather than leaving the scene. The U.S. Supreme Court said that made no sense. "We think that in these circumstances any reasonable passenger would have understood the police officers to be exercising control to the point that no one in the car was free to depart without police permission, " Justice David Souter wrote for the court. During the case's oral arguments, several justices expressed that opinion. Souter said that to go along with the California court's interpretation would "invite police officers to stop cars with passengers regardless of probable cause or reasonable suspicion of anything illegal." The court's decision in the case involving Brendlin was in line with the interpretations of all lower federal and state courts, with the exception of the high courts in California, Colorado and Washington."

http://www.sptimes.com/2007/06/19/Worldandnation/Court_opens_back_door.shtml

6/19/2007 1:54:03 AM

I can see it now the blue lights go off while my buddy is driving. As soon as the car stops, I open my door and bolt down the road. That way I do not get "tacit" approval for them to find my dime bag under the passenger seat that i stash.

I am sure I would make it real far down the road before the cops called backup and started chasing me down the road

6/19/2007 2:00:25 AM

Quote :

"I can see it now the blue lights go off while my buddy is driving. As soon as the car stops, I open my door and bolt down the road. That way I do not get give "tacit" approval for them to find my dime bag under the passenger seat that i stash. I am sure I would make it real far down the road before the cops called backup and started chasing me down the road"

I don't know what point you are making, but this is exactly what the California court was suggesting the passenger should have done, according to the article.

The US Supreme Court said that was fucking stupid and struck down the California court's ruling.

6/19/2007 2:37:23 AM

^ i think that was his ^^ point.

6/19/2007 2:39:59 AM

in all honesty after reading that article right before i went to bed, I actually had a dream I was riding in my friends car. We then got pulled over and I got a ticket for not wearing a seatbelt in the back seat. I tried to argue saying it was bullshit that they pulled us over b.c if a wreck happened I would be the only one hurt effecting no one else so I do not see why she should give me a ticket for my own stupidity.

The cop got pissed off and decided to take me back home "charlotte parents house" and tell my mom. After talking to my parents the cop decided to look in my bed room where I have a bowl laying on the floor. I think the dream ended at that point but kinda creepy

6/19/2007 8:36:51 AM

glad to see this.

6/19/2007 9:00:18 AM

the resale value on my crim pro book just hit 0.

6/19/2007 11:34:22 AM