brendlin
california
argued
april
decided
june
officers
stopped
car
check
registration
without
reason
believe
operated
unlawfully
one
recognized
petitioner
brendlin
passenger
car
upon
verifying
brendlin
parole
violator
officers
formally
arrested
searched
driver
car
finding
among
things
methamphetamine
paraphernalia
charged
possession
manufacture
substance
brendlin
moved
suppress
evidence
obtained
searching
person
car
arguing
officers
lacked
probable
cause
reasonable
suspicion
make
traffic
stop
unconstitutional
seizure
person
trial
denied
motion
california
appeal
reversed
holding
brendlin
seized
traffic
stop
unlawful
reversing
state
held
suppression
unwarranted
passenger
seized
constitutional
matter
absent
additional
circumstances
indicate
reasonable
person
subject
officer
investigation
show
authority
held
police
make
traffic
stop
passenger
car
like
driver
seized
fourth
amendment
purposes
may
challenge
stop
constitutionality
pp
person
seized
thus
entitled
challenge
government
action
officers
physical
force
show
authority
terminate
restrain
person
freedom
movement
means
intentionally
applied
florida
bostick
brower
county
inyo
seizure
without
person
actual
submission
see
california
hodari
police
actions
show
unambiguous
intent
restrain
individual
submission
takes
form
passive
acquiescence
test
telling
seizure
occurs
whether
light
surrounding
circumstances
reasonable
person
believed
free
leave
mendenhall
principal
opinion
person
desire
leave
reasons
unrelated
police
presence
coercive
effect
encounter
measured
better
asking
whether
reasonable
person
feel
free
decline
officers
requests
otherwise
terminate
encounter
bostick
supra
pp
brendlin
seized
reasonable
person
position
car
stopped
believed
free
terminate
encounter
police
bostick
supra
reasonable
passenger
understood
officers
exercising
control
point
one
car
free
depart
without
police
permission
traffic
stop
necessarily
curtails
passenger
travel
much
halts
driver
diverting
stream
traffic
side
road
police
activity
normally
amounts
intrusion
privacy
personal
security
normally
distinguish
passenger
driver
officer
orders
particular
car
pull
acts
implicit
claim
right
based
fault
sort
sensible
person
expect
officer
allow
people
come
go
freely
physical
focal
point
investigation
faulty
behavior
wrongdoing
likely
wrongdoing
driving
passenger
reasonably
feel
subject
suspicion
owing
close
association
even
wrongdoing
bad
driving
passenger
expect
subject
scrutiny
attempt
leave
obviously
likely
prompt
objection
officer
passenger
feel
free
leave
first
place
also
reasonable
passengers
expect
officer
scene
crime
arrest
investigation
let
people
move
around
ways
jeopardize
safety
see
maryland
wilson
conclusion
comports
views
nine
federal
courts
appeals
nearly
every
state
ruled
question
pp
state
contrary
conclusion
reflects
three
premises
respectfully
disagrees
first
view
police
intended
investigate
car
driver
direct
show
authority
toward
brendlin
impermissibly
shifts
issue
intent
police
objectively
manifested
motive
police
taking
intentional
action
stop
car
applying
objective
mendenhall
test
resolves
ambiguity
showing
reasonable
passenger
understand
subject
police
display
authority
second
state
assumption
brendlin
passenger
ability
submit
police
show
authority
driver
control
moving
car
unavailing
brendlin
effective
way
signal
submission
car
moving
came
stop
apparently
submit
staying
inside
third
basis
state
fear
adopting
rule
applies
encompass
even
motorists
whose
movement
impeded
due
traffic
stop
another
car
occupant
car
knows
stuck
traffic
another
car
pulled
police
perceive
show
authority
directed
car
pp
state
courts
left
consider
first
instance
whether
suppression
turns
issue
cal
vacated
remanded
souter
delivered
opinion
unanimous
bruce
edward
brendlin
petitioner
california
writ
certiorari
california
june
justice
souter
delivered
opinion
police
officer
makes
traffic
stop
driver
car
seized
within
meaning
fourth
amendment
question
case
whether
true
passenger
hold
passenger
seized
well
may
challenge
constitutionality
stop
early
morning
november
deputy
sheriff
robert
brokenbrough
partner
saw
parked
buick
expired
registration
tags
ensuing
conversation
police
dispatcher
brokenbrough
learned
application
renewal
registration
processed
officers
saw
car
road
time
brokenbrough
noticed
display
temporary
operating
permit
number
indicating
legal
drive
car
november
app
officers
decided
pull
buick
verify
permit
matched
vehicle
even
though
brokenbrough
admitted
later
nothing
unusual
permit
way
affixed
brokenbrough
asked
driver
karen
simeroth
license
saw
passenger
front
seat
petitioner
bruce
brendlin
recognized
one
brendlin
brothers
recalled
either
scott
bruce
brendlin
dropped
parole
supervision
asked
brendlin
identify
brokenbrough
returned
cruiser
called
backup
verified
brendlin
parole
violator
outstanding
warrant
arrest
patrol
car
brokenbrough
saw
brendlin
briefly
open
close
passenger
door
buick
reinforcements
arrived
brokenbrough
went
passenger
side
buick
ordered
car
gunpoint
declared
arrest
police
searched
brendlin
incident
arrest
found
orange
syringe
cap
person
patdown
search
simeroth
revealed
syringes
plastic
bag
green
leafy
substance
also
formally
arrested
officers
searched
car
found
tubing
scale
things
used
produce
methamphetamine
brendlin
charged
possession
manufacture
methamphetamine
moved
suppress
evidence
obtained
searches
person
car
fruits
unconstitutional
seizure
arguing
officers
lacked
probable
cause
reasonable
suspicion
make
traffic
stop
assert
fourth
amendment
rights
violated
search
simeroth
vehicle
cf
rakas
illinois
claimed
traffic
stop
unlawful
seizure
person
trial
denied
suppression
motion
finding
stop
lawful
brendlin
seized
brokenbrough
ordered
car
formally
arrested
brendlin
pleaded
guilty
subject
appeal
suppression
issue
sentenced
four
years
prison
california
appeal
reversed
denial
suppression
motion
holding
brendlin
seized
traffic
stop
held
unlawful
cal
rptr
officially
depublished
narrow
majority
california
reversed
state
noted
california
concession
officers
reasonable
basis
suspect
unlawful
operation
car
cal
still
held
suppression
unwarranted
passenger
seized
constitutional
matter
absence
additional
circumstances
indicate
reasonable
person
subject
peace
officer
investigation
show
authority
reasoned
brendlin
seized
traffic
stop
simeroth
exclusive
target
passenger
submit
officer
show
authority
driver
controls
car
car
pulled
road
passenger
feel
free
depart
otherwise
conduct
affairs
though
police
present
dissent
justice
corrigan
said
traffic
stop
entails
seizure
passenger
even
driver
sole
target
police
investigation
passenger
detained
purpose
ensuring
officer
safety
feel
free
leave
car
without
officer
permission
granted
certiorari
decide
whether
traffic
stop
subjects
passenger
well
driver
fourth
amendment
seizure
vacate
ii
person
seized
police
thus
entitled
challenge
government
action
fourth
amendment
officer
means
physical
force
show
authority
terminates
restrains
freedom
movement
florida
bostick
quoting
terry
ohio
means
intentionally
applied
brower
county
inyo
emphasis
original
thus
unintended
person
may
object
detention
long
detention
willful
merely
consequence
unknowing
act
cf
county
sacramento
lewis
seizure
police
officer
accidentally
struck
killed
motorcycle
passenger
pursuit
police
officer
may
make
seizure
show
authority
without
use
physical
force
seizure
without
actual
submission
otherwise
attempted
seizure
far
fourth
amendment
concerned
see
california
hodari
lewis
supra
actions
police
show
unambiguous
intent
restrain
individual
submission
show
governmental
authority
takes
form
passive
acquiescence
needs
test
telling
seizure
occurs
response
authority
test
devised
justice
stewart
mendenhall
wrote
seizure
occurs
view
circumstances
surrounding
incident
reasonable
person
believed
free
leave
principal
opinion
later
adopted
justice
stewart
touchstone
see
hodari
supra
michigan
chesternut
ins
delgado
added
person
desire
leave
reasons
unrelated
police
presence
coercive
effect
encounter
measured
better
asking
whether
reasonable
person
feel
free
decline
officers
requests
otherwise
terminate
encounter
bostick
supra
see
also
drayton
law
settled
fourth
amendment
terms
traffic
stop
entails
seizure
driver
even
though
purpose
stop
limited
resulting
detention
quite
brief
delaware
prouse
see
also
whren
although
today
squarely
answered
question
whether
passenger
also
seized
said
dicta
traffic
stop
officer
seizes
everyone
vehicle
driver
see
prouse
supra
topping
automobile
detaining
occupants
constitute
within
meaning
fourth
fourteenth
amendments
colorado
bannister
per
curiam
question
stopping
vehicle
detention
occupants
constitute
within
meaning
fourth
amendment
berkemer
mccarty
long
acknowledged
stopping
automobile
detaining
occupants
constitute
seizure
internal
quotation
marks
omitted
hensley
topping
car
detaining
occupants
constitute
seizure
whren
supra
temporary
detention
individuals
stop
automobile
police
even
brief
period
limited
purpose
constitutes
within
meaning
fourth
amendment
come
closest
question
two
cases
dealing
unlawful
seizure
passenger
neither
time
indicate
distinction
driver
passenger
affect
fourth
amendment
analysis
delaware
prouse
considered
grounds
stopping
car
road
held
prouse
suppression
motion
properly
granted
spoke
arresting
officer
testimony
prouse
back
seat
car
pulled
see
described
prouse
occupant
driver
referred
car
occupants
seized
justification
stopping
car
issue
whren
passed
upon
fourth
amendment
challenge
two
petitioners
moved
suppress
drug
evidence
found
course
traffic
stop
see
driver
passenger
claimed
seized
illegally
police
stopped
car
agreed
held
suppression
unwarranted
stop
rested
probable
cause
state
concedes
police
adequate
justification
pull
car
see
supra
argues
passenger
seized
thus
claim
evidence
tainted
unconstitutional
stop
resolve
question
asking
whether
reasonable
person
brendlin
position
car
stopped
believed
free
terminate
encounter
police
bostick
supra
think
circumstances
reasonable
passenger
understood
police
officers
exercising
control
point
one
car
free
depart
without
police
permission
traffic
stop
necessarily
curtails
travel
passenger
chosen
much
halts
driver
diverting
stream
traffic
side
road
police
activity
normally
amounts
intrusion
privacy
personal
security
normally
distinguish
passenger
driver
officer
orders
one
particular
car
pull
acts
implicit
claim
right
based
fault
sort
sensible
person
expect
police
officer
allow
people
come
go
freely
physical
focal
point
investigation
faulty
behavior
wrongdoing
likely
wrongdoing
driving
passenger
reasonably
feel
subject
suspicion
owing
close
association
even
wrongdoing
bad
driving
passenger
expect
subject
scrutiny
attempt
leave
scene
obviously
likely
prompt
objection
officer
passenger
feel
free
leave
first
place
cf
drayton
supra
finding
seizure
police
officers
boarded
stationary
bus
asked
passengers
permission
search
drugs
also
reasonable
passengers
expect
police
officer
scene
crime
arrest
investigation
let
people
move
around
ways
jeopardize
safety
maryland
wilson
held
lawful
traffic
stop
officer
may
order
passenger
car
precautionary
measure
without
reasonable
suspicion
passenger
poses
safety
risk
cf
pennsylvania
mimms
per
curiam
driver
may
ordered
car
matter
course
fashioning
rule
invoked
earlier
statement
risk
harm
police
occupants
minimized
officers
routinely
exercise
unquestioned
command
situation
wilson
supra
quoting
michigan
summers
said
opinions
probably
reflects
societal
expectation
police
odds
notion
passenger
feel
free
leave
terminate
personal
encounter
way
without
advance
permission
wilson
supra
conclusion
comports
views
nine
federal
courts
appeals
nearly
every
state
ruled
question
see
kimball
mosley
rusher
grant
perez
powell
ameling
twilley
state
bowers
ark
state
haworth
idaho
people
bunch
state
eis
iowa
state
hodges
state
carter
ohio
per
curiam
state
harris
treatise
writers
share
prevailing
judicial
view
passenger
may
bring
fourth
amendment
challenge
legality
traffic
stop
see
lafave
search
seizure
pp
ed
supp
either
stopping
car
length
passenger
detention
thereafter
passenger
removal
unreasonable
fourth
amendment
sense
surely
passenger
standing
object
constitutional
violations
suppressed
evidence
found
car
fruit
omitted
ringel
searches
seizures
arrests
confessions
ed
law
enforcement
officer
stop
automobile
results
seizure
driver
passenger
contrary
conclusion
drawn
california
seizure
came
formal
arrest
reflects
three
premises
respectfully
disagree
first
state
reasoned
brendlin
seized
stop
deputy
sheriff
brokenbrough
intended
investigate
simeroth
direct
show
authority
toward
brendlin
saw
brokenbrough
flashing
lights
directed
driver
pointed
lack
record
evidence
brokenbrough
even
aware
brendlin
car
prior
vehicle
stop
cal
view
facts
ignores
objective
mendenhall
test
reasonable
passenger
understand
extent
anything
ambiguous
show
force
fairly
seen
directed
driver
car
occupants
test
resolves
ambiguity
leads
intuitive
conclusion
occupants
subject
like
control
successful
display
authority
state
approach
contrary
shifts
issue
intent
police
objectively
manifested
motive
police
taking
intentional
action
stop
car
repeatedly
rejected
attempts
introduce
kind
subjectivity
fourth
amendment
analysis
see
whren
subjective
intentions
play
role
ordinary
fourth
amendment
analysis
chesternut
subjective
intent
officers
relevant
assessment
fourth
amendment
implications
police
conduct
extent
intent
conveyed
person
confronted
mendenhall
principal
opinion
disregarding
government
agent
subjective
intent
detain
mendenhall
cf
rakas
rejecting
target
theory
fourth
amendment
standing
allowed
criminal
defendant
search
directed
challenge
legality
search
internal
quotation
marks
omitted
california
defends
state
ruling
point
citing
cases
holding
seizure
requires
purposeful
deliberate
act
detention
see
brief
respondent
chesternut
supra
answers
argument
intent
counts
fourth
amendment
intent
conveyed
person
confronted
criterion
willful
restriction
freedom
movement
invitation
look
subjective
intent
determining
seized
recent
cases
accord
point
lewis
considered
whether
seizure
occurred
officer
accidentally
ran
passenger
fallen
motorcycle
chase
holding
seizure
took
place
stressed
officer
stopped
lewis
movement
accidentally
crashing
means
intentionally
applied
emphasis
deleted
even
consider
let
alone
emphasize
possibility
officer
meant
detain
driver
passenger
brower
contrary
dispositive
brower
meant
stopped
physical
obstacle
roadblock
stopped
california
reads
language
suggest
specific
occupant
car
seized
must
motivating
target
officer
show
authority
see
brief
respondent
thrust
observation
brower
someone
else
meant
stopped
point
brower
alone
target
officers
detained
means
intentionally
applied
car
another
occupant
made
sense
hold
seized
car
collided
roadblock
neither
case
odds
holding
issue
whether
reasonable
passenger
perceived
show
authority
least
partly
directed
thus
free
ignore
police
presence
go
business
second
california
assumed
brendlin
passenger
ability
submit
deputy
show
authority
driver
control
moving
vehicle
cal
may
amount
submission
depends
person
show
authority
fleeing
man
seized
physically
overpowered
one
sitting
chair
may
submit
authority
getting
run
away
brendlin
effective
way
signal
submission
car
still
moving
roadway
came
stop
apparently
submit
staying
inside
third
state
shied
away
rule
apply
today
fear
encompass
even
motorists
following
vehicle
subject
traffic
stop
virtue
original
detention
forced
slow
perhaps
even
come
halt
order
accommodate
vehicle
submission
police
authority
occupant
car
knows
stuck
traffic
another
car
pulled
like
motorist
ca
even
make
road
suddenly
clogged
perceive
show
authority
directed
car
incidental
restrictions
freedom
movement
tend
affect
individual
sense
security
privacy
traveling
automobile
prouse
consequential
blockage
call
precautionary
rule
avoid
kind
arbitrary
oppressive
interference
law
enforcement
officials
privacy
personal
security
individuals
fourth
amendment
intended
limit
indeed
consequence
worry
flow
conclusion
rule
almost
courts
rejected
holding
passenger
private
car
without
seized
traffic
stop
invite
police
officers
stop
cars
passengers
regardless
probable
cause
reasonable
suspicion
anything
fact
evidence
uncovered
result
arbitrary
traffic
stop
still
admissible
passengers
powerful
incentive
run
kind
roving
patrols
still
violate
driver
fourth
amendment
right
see
stop
search
border
patrol
agents
without
warrant
probable
cause
violated
fourth
amendment
prouse
supra
police
spot
check
driver
license
registration
without
reasonable
suspicion
violated
fourth
amendment
brendlin
seized
moment
simeroth
car
came
halt
side
road
error
deny
suppression
motion
ground
seizure
occurred
formal
arrest
state
courts
consider
first
instance
whether
suppression
turns
issue
judgment
california
vacated
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
parties
dispute
accuracy
transcript
suppression
hearing
disagree
whether
brendlin
gave
name
false
name
bruce
brown
app
california
conceded
police
officers
lacked
reasonable
suspicion
justify
traffic
stop
application
renewal
expired
registration
expected
temporary
operating
permit
cal
quoting
brief
respondent
california
sup
ct
cal
course
police
may
also
stop
car
solely
investigate
passenger
conduct
see
supp
md
passenger
violation
local
seatbelt
law
people
roth
app
passenger
violation
littering
ordinance
accordingly
passenger
assume
merely
fact
traffic
stop
driver
conduct
cause
stop
although
state
inferred
brendlin
decision
open
close
passenger
door
traffic
stop
awar
available
options
cal
conduct
equally
taken
indicate
brendlin
felt
compelled
remain
inside
car
event
test
brendlin
felt
reasonable
passenger
understood
two
state
courts
california
stood
tide
authority
see
people
jackson
en
banc
state
mendez
en
banc
california
claims
today
rule
taxi
cab
bus
passengers
fourth
amendment
cab
bus
driver
pulled
police
running
red
light
brief
respondent
relationship
driver
passenger
common
carrier
private
vehicle
expectations
police
officers
passengers
differ
accordingly
cases
crucial
question
whether
reasonable
person
passenger
position
feel
free
take
steps
terminate
encounter
compare
delaware
prouse
requiring
least
articulable
reasonable
suspicion
support
random
investigative
traffic
stops
whren
decision
stop
automobile
reasonable
police
probable
cause
believe
traffic
violation
occurred
atwater
lago
vista
officer
probable
cause
believe
individual
committed
even
minor
criminal
offense
presence
may
without
violating
fourth
amendment
arrest
offender