Passenger Search During Traffic Stops
Police stopped a car after discovering its registration was suspended for an insurance violation. This was a civil infraction under Arizona law. The car carried three people: the driver, a front-seat passenger, and Lemon Montrea Johnson in the back seat. Officers had no reason to suspect anyone in the car of criminal activity when making the stop.
Why Johnson Was Questioned
An officer wanted to question Johnson away from the front-seat passenger to gather intelligence about possible gang ties. She asked him to step out of the car. Johnson complied. Based on his answers and the officer’s observations, she suspected he might have a weapon. She patted him down for safety and felt the butt of a gun near his waist.
Was the Passenger Search Legal?
This raised an important question: Could the officer frisk Johnson without evidence of a crime? The Supreme Court addressed this issue in Terry v. Ohio (1968). In that decision, the Court ruled that officers may stop and frisk individuals if two conditions are met.
- The stop must be lawful. Officers must reasonably suspect that the person is committing or has committed a crime.
- The frisk must be based on reasonable suspicion that the person is armed and dangerous.
Supreme Court’s View on Passengers
The Court has held that once a vehicle is lawfully stopped, police may order all occupants out of the car. This applies to both drivers and passengers. Officer and public safety justify this rule. During a stop, everyone in the vehicle is considered lawfully detained.
In this case, the officer reasonably suspected Johnson was armed. Therefore, the discovery of the gun did not violate the Fourth Amendment. The Court upheld the admission of the weapon into evidence.
Learn More
Read the full opinion here: Arizona v. Johnson, 555 U.S. 323 (2009), https://supreme.justia.com/cases/federal/us/555/323/#tab-opinion-1962789
Anton Vialtsin, Esq.
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