. . The U.S. Supreme Court noted that there is a difference between social passengers in private transportation and passengers in commercial transportation. Before trial, he moved to suppress the evidence found on his person and in the car as fruits of an unlawful seizure—unlawful because, he argued, the police had acted in violation of his Fourth Amendment rights and had neither probable cause, reasonable suspicion, or any warrant to make the traffic stop or seize Brendlin or any of his possessions and use it against him in court. Brendlin was arrested and charged with possession of drugs and paraphernalia, to which he filed a motion to suppress. Brendlin pleaded guilty but reserved the right to appeal the suppression issue, and was sentenced to four years in prison. Automobile passengers are "seized" within the meaning of the Fourth Amendment when the car in which they are riding is held at a law enforcement traffic stop. The defendant’s argument was that the temporary plates indicated that an application for renewal of an expired license was pending. In the early morning hours of November 27, 2001, a Sutter County deputy sheriff and his partner, who was a cadet at the time, stopped a car in which Bruce Brendlin was riding. The case was tried in the California state court system. Indeed, the California court's holding was a kind of incentive for the police to conduct "roving patrols" that would violate the Fourth Amendment rights of drivers. Once reinforcements arrived, Brokenbrough went to the passenger side of the Buick, ordered him out of the car at gunpoint, and declared him under arrest. . It also rejected the California court’s concerns that passengers in taxis, buses, and other commercial transportation could be subject to investigation and possible arrest when the driver is pulled over. Brendlin was charged with possession and manufacture of methamphetamine. Administrative Oversight and Accountability, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. "If the likely wrongdoing is not the driving, the passenger will reasonably feel subject to suspicion owing to close association; but even when the wrongdoing is only bad driving, the passenger will expect to be subject to some scrutiny, and his attempt to leave the scene would be so obviously likely to prompt an objection from the officer that no reasonable passenger would feel free to leave in the first place." The judgment of the Supreme Court of California is vacated, and the case is remanded for further proceedings not inconsistent with this opinion. The court saw Brokenbrough's "flashing lights [as] directed at the driver," and pointed to the lack of record evidence that Brokenbrough "was even aware [Brendlin] was in the car prior to the vehicle stop." . . . Case summary for Brendlin v. California: Brendlin was a passenger in a vehicle stopped by police. . who wrote that a seizure occurs if "in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave," . © 2020 Courtroom Connect, Inc. The decision was at odds with several federal circuit courts of appeal.[1]. i Brendlin v. California, 2007 U.S. LEXIS 7897 (June 18, 2007). The contrary conclusion drawn by the Supreme Court of California, that seizure came only with formal arrest, reflects three premises as to which we respectfully disagree. As a passenger in a vehicle, Brendlin could not affirmatively submit until the vehicle was stopped on the side of the road. Brendlin was charged with possession and manufacture of methamphetamine, and he moved to suppress the evidence obtained in the searches of his person and the car as fruits of an unconstitutional seizure, arguing that the officers lacked probable cause or reasonable suspicion to make the traffic stop. Whether, under the Fourth Amendment, a passenger during a traffic stop is seized so that the passenger may challenge the legality of the stop. Before the Court's decision in this case, the law was clear that a traffic stop seized the driver of the car. The trial court denied the motion, reasoning that Brendlin was first "seized" at the point he was removed from the car and arrested. 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California, Discussion Questions - Brendlin v. California. The officer recognized Brendlin and …
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