Ep #390 Can an officer forbid Passengers from leaving a Traffic Stop?

2 years ago
4

Roadside Chat: Can an officer forbid Passengers from leaving a Traffic Stop?

In this video, Anthony Bandiero talks about police officers and their right to require passengers to not leave a traffic stop.

Brendlin was seized because no reasonable person in his position when the car was stopped would have believed himself free to “terminate the encounter” between the police and himself. Bostick, supra, at 436, 111 S.Ct. 2382. Any reasonable passenger would have understood the officers to be exercising control to the point that no one in the car was free to depart without police permission. A traffic stop necessarily curtails a passenger's travel just as much as it halts the driver, diverting both from the stream of traffic to the side of the road, and the police activity that normally amounts to intrusion on “privacy and personal security” does not normally (and did not here) distinguish between passenger and driver. Brendlin v. California, 551 U.S. 249, 250, 127 S. Ct. 2400, 2402, 168 L. Ed. 2d 132 (2007)

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