Brendlin v. California

Brendlin v. California, 551 U.S. 249 (2007), was a decision by the Supreme Court of the United States that held that all occupants of a car are "seized" for purposes of the Fourth Amendment during a traffic stop, not just the driver.

In the early morning hours of November 27, 2001, a Sutter County deputy sheriff and his partner, who was a cadet at the time, stopped a car in which Bruce Brendlin was riding.

Before trial, he moved to suppress the evidence found on his person and in the car as fruits of an unlawful seizure—unlawful because, he argued, the police had acted in violation of his Fourth Amendment rights and had neither probable cause, reasonable suspicion, or any warrant to make the traffic stop or seize Brendlin or any of his possessions and use it against him in court.

Although the State conceded that the police had no lawful basis to effect the traffic stop, the California Supreme Court still held that the trial court was correct in denying the motion to suppress because, it reasoned, "a passenger is not seized as a constitutional matter in the absence of additional circumstances that would indicate to a reasonable person that he or she was the subject of the peace officer's investigation or show of authority."

A person is "seized" for purposes of the Fourth Amendment when physical force or a show of authority terminates or restrains his freedom of movement.

But the Court noted that "incidental restrictions on freedom of movement would not tend to affect an individual's sense of security and privacy in traveling in an automobile."

Indeed, the California court's holding was a kind of incentive for the police to conduct "roving patrols" that would violate the Fourth Amendment rights of drivers.