Tuesday, April 24, 2007

SCOTUS To Decide Whether Traffic Stop Results In Seizure of Passengers

Yesterday the Supreme Court heard oral argument in Brendlin v. California, which presents the following question:

Whether a passenger in a vehicle subject to a traffic stop is thereby “detained” for purposes of the Fourth Amendment, thus allowing the passenger to contest the legality of the traffic stop.

The California Supreme Court answered "no," and the Supreme Court granted cert in fairly short order.

Orin Kerr of the Volokh Conspiracy has been on top of the case since the California Supreme Court issued its decision. Make sure to check out his pre- and post-game commentary. You can also read the oral argument transcript here.



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