on writ of certiorari to the supreme court of arizona [April 21, 2009] Justice Alito, with whom The Chief Justice and Justice Kennedy join, and with whom Justice Breyer joins except as to Part II–E, dissenting. In its analysis, the Supreme Court first noted that, in Terry v. Ohioiii, theyoutlined two requirements for a “stop and frisk” to be lawful. Id., at 16. In making the stop, the officers had no reason to suspect anyone in the vehicle of criminal activity. SUPREME COURT OF THE UNITED STATES Syllabus ARIZONA v. JOHNSON CERTIORARI TO THE COURT OF APPEALS OF ARIZONA No. Click the citation to see the full text of the cited case.

3138, 82 L.Ed.2d 317 (1984). 1868, 20 L.Ed.2d 889 (1968). Ibid. The court then determined that Johnson was not free to go during the traffic stop when Officer Trevizo asked him questions. Id., at 414, 117 S.Ct. Throughout the episode, he stressed, Johnson remained "seized as part of [a] valid traffic stop." 2400. The Arizona Supreme Court denied review. The police need not have, in addition, cause to believe any occupant of the vehicle is involved in criminal activity. Completing the picture, Brendlin held that a passenger is seized, just as the driver is, "from the moment [a car stopped by the police comes] to a halt on the side of the road." Id., at 20. Based on Trevizo's observations and Johnson's answers to her questions while he was still seated in the car, Trevizo suspected that "he might have a weapon on him." 434 U.S., at 112, 98 S.Ct. Where Is Law Enforcement Heading These Days? Citations are also linked in the body of the Featured Case. Furthermore, the Court has recognized that traffic stops are "especially fraught with danger to police officers." App., 2007), ix See Muehler v. Mena, 544 U.S. 93, 100-101 (2005). The issue section includes the dispositive legal issue in the case phrased as a question. Recognizing that a limited search of outer clothing for weapons serves to protect both the officer and the public, the Court held the patdown reasonable under the Fourth Amendment. We begin our consideration of the constitutionality of Officer Trevizo's patdown of Johnson by looking back to the Court's leading decision in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. Neck Restraints Choke Holds/Carotid Holds What Law Enforcement Policy/Training Tells Us The Medical/Scientific Debate What the Cases Tell Us, A passenger in a car that is lawfully stopped is lawfully seized under the 4th Amendment, “An officer’s inquiries into matters unrelated to the justification for the traffic stop…do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop”. Read our student testimonials. 07-542. Michigan v. Long, 463 U.S. 1032, 1047, 103 S.Ct. No contracts or commitments. And during cross-examination, Trevizo did not disagree when defense counsel asked "in fact, you weren't seeking [Johnson's] permission...?" The facts taken directly from the case are as follows: On April 19, 2002, Officer Maria Trevizo and Detectives Machado and Gittings, all members of Arizona’s gang task force, were on patrol in Tucson near a neighborhood associated with the Crips gang. 2961, 171 L.Ed.2d 884 (2008), and now reverse the judgment of the Arizona Court of Appeals. 1868. The Court upheld "stop and frisk" as constitutionally permissible if two conditions are met. See Brendlin, 551 U.S., at 258, 127 S.Ct. United States Supreme Court Upholds Frisk of Passenger in Lawfully Stopped Auto, Legal & Liability Risk Management Institute, ELEVENTH CIRCUIT DISCUSSES SCOPE OF A TRAFFIC STOP, ELEVENTH CIRCUIT UPHOLDS SUMMARY JUDGMENT FOR SCHOOL RESOURCE OFFICER IN EXCESSIVE FORCE SUIT, COURT OF APPEALS OF GEORGIA DISCUSSES AUTOMOBILE SEARCHES. On January 26, 2009, the United States Supreme Court unanimously decided, in Arizona v.Johnson i, that an officer, who has lawfully stopped an automobile, may conduct a frisk of a passenger for weapons if the officer has a reason to believe the passenger is armed and dangerous. See 217 Ariz., at 66, 170 P.3d, at 675.1. Knowles v. Iowa, 525 U.S. 113, 117-118, 119 S.Ct. Where an officer has reasonable suspicion to believe that a person in a lawfully stopped vehicle is armed and dangerous, the officer may conduct a pat-down of the subject without any further justification. Notes. Gittings dealt with the front-seat passenger, who stayed in the vehicle throughout the stop. Terry involved a stop for interrogation of men whose conduct had attracted the attention of a patrolling police officer. Three decisions cumulatively portray Terry's application in a traffic-stop setting: Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 882, 137 L.Ed.2d 41 (1997) (quoting Michigan v. Summers, 452 U.S. 692, 702-703, 101 S.Ct. If you logged out from your Quimbee account, please login and try again. See id., at 8, 88 S.Ct.

See App. Cancel anytime. briefs keyed to 223 law school casebooks. 882. Lastly, the Supreme Court examined Brendlin v. California in which they held that a passenger is seized, as is the driver, during a traffic stop the moment the car comes to a stop.vii. Click on the case name to see the full text of the citing case. 1868, 20 L.Ed.2d 889 (1968), the Court considered whether an investigatory stop (temporary detention) and frisk (patdown for weapons) may be conducted without violating the Fourth Amendment's ban on unreasonable searches and seizures.

Normally, the stop ends when the police have no further need to control the scene, and inform the driver and passengers they are free to leave. Id., at 413, 117 S.Ct. See, e.g., Arizona v. Johnson , 555 U. S. 323 , 333 (2009); Illinois v. Caballes , 543 U. S. 405 , 407 (2005) (“A seizure that is justified solely by the interest in issuing a warning ticket to the driver can become unlawful if it is prolonged beyond the time reasonably required to complete that mission”). 2400, 168 L.Ed.2d 132 (2007). You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. 2400, 168 L.Ed.2d 132 (2007). "[T]he same weighty interest in officer safety," the Court observed, "is present regardless of whether the occupant of the stopped car is a driver or passenger." This case concerns the authority of police officers to "stop and frisk" a passenger in a motor vehicle temporarily seized upon police detection of a traffic infraction. 2007).

Id., at 24, 88 S.Ct.

Argued December 9, 2008—Decided January 26, 2009 In Terry v. Ohio, 392 U. S. 1, this Court held that a “stop and frisk” In conclusion, the Supreme Court found that the frisk of Johnson was lawful, and they established the following rule: Accordingly, we hold that, in a traffic-stop setting, the first Terry condition — a lawful investigatory stop — is met whenever it is lawful for police to detain an automobile and its occupants pending inquiry into a vehicular violation. He has been in law enforcement since 1994 and obtained his Juris Doctorate in 1999 from John Marshall Law School in Atlanta. Brendlin v. California, 551 U.S. 249, 255, 127 S.Ct. Second, to proceed from a stop to a frisk, the police officer must reasonably suspect that the person stopped is armed and dangerous. He moved to suppress the evidence as the fruit of an unlawful search. We do not foreclose the appeals court's consideration of that issue on remand. At the time of the stop, the vehicle had three occupants — the driver, a front-seat passenger, and a passenger in the back seat, Lemon Montrea Johnson, the respondent here. Then click here. Under Arizona law, the violation for which the vehicle was stopped constituted a civil infraction warranting a citation. Machado then directed the driver to get out of the car. For the reasons stated, the judgment of the Arizona Court of Appeals is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. You can try any plan risk-free for 7 days. See 217 Ariz., at 64, 170 P.3d, at 673. The rule of law is the black letter law upon which the court rested its decision. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. You can try any plan risk-free for 30 days. On January 26, 2009, the United States Supreme Court unanimously decided, in Arizona v. Johnsoni, that an officer, who has lawfully stopped an automobile, may conduct a frisk of a passenger for weapons if the officer has a reason to believe the passenger is armed and dangerous. That forecast, we now confirm, accurately captures the combined thrust of the Court's decisions in Mimms, Wilson, and Brendlin. 07–1122. The Supreme Court then sought to determine whether there was merit to the Arizona Court of Appeals holding that the encounter with Johnson, in the case before the court, was actually a consensual encounter. Ibid. As the dissenting judge observed, "consensual" is an "unrealistic" characterization of the Trevizo-Johnson interaction. On the other hand, the Court emphasized, the risk of a violent encounter in a traffic-stop setting "stems not from the ordinary reaction of a motorist stopped for a speeding violation, but from the fact that evidence of a more serious crime might be uncovered during the stop."

Brian is currently assigned as the Legal Officer to the Chief of Police. But, that court concluded, once Officer Trevizo undertook to question Johnson on a matter unrelated to the traffic stop, i.e., Johnson's gang affiliation, patdown authority ceased to exist, absent reasonable suspicion that Johnson had engaged, or was about to engage, in criminal activity. App. While Machado was getting the driver’s license and information about the vehicle’s registration and insurance, Trevizo attended to Johnson.


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