In Brendlin v. California, 551 U.S. 249 (2007), the Supreme Court held that a passenger in a lawfully stopped vehicle is just as “seized” under the Fourth Amendment as the driver. When police activate their lights and a vehicle stops, neither the driver nor any passenger is free to leave until the stop concludes. The Court reasoned that a reasonable passenger would not feel free to exit or otherwise terminate the encounter because the officer’s show of authority effectively restrains everyone in
In Brendlin v. California, 551 U.S. 249 (2007), the Supreme Court hel…
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