Brendlin v. California
Issues
When does a passenger in an automobile become “detained” during a traffic stop and thereby gain the ability to challenge the stop under the Fourth Amendment?
Bruce Brendlin was a passenger in a car driven by Karen Simeroth when she was the subject of a traffic stop by a County Deputy Sherriff. During the stop, the Deputy discovered drugs and drug paraphernalia in the car and on Brendlin. Brendlin was charged with manufacturing methamphetamine and moved to suppress the evidence on the grounds that the original traffic stop was unreasonable, and therefore in violation of his Fourth Amendment rights. The trial court denied his motion, and the California Supreme Court upheld the denial on the basis that Brendlin had not been “seized” under the meaning of the Fourth Amendment, and thus could not challenge the stop. Brendlin appeals to the Supreme Court, arguing that he was effectively seized by the initial stop, and therefore should be able to challenge it. California argues that Brendlin was not seized, because he should have felt free to leave the scene of the traffic stop, and did not actually submit to the application of force or to a show of police authority.
Questions as Framed for the Court by the Parties
Whether a passenger in a vehicle subject to a traffic stop is thereby “detained” for purposes of the Fourth Amendment, thus allowing the passenger to contest the illegality of the traffic stop.
Early in the morning of November 21, 2001, a vehicle driven by Karen Simeroth was stopped by Deputy Sheriff Robert Brokenbrough in Yuba City, California under suspicion of an expired inspection. See People v. Brendlin, 38 Cal. 4th 1107, 1111 (Cal. 2006).
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Additional Resources
- Bill Mears and Andrea Koppel, “NSA Eavesdropping Program Ruled Unconstitutional,” CNN.com, August 17, 2006.
- Anita Ramasastry, “Reform the Patriot Act to Ensure Civil Liberties,” CNN.com, April 20, 2005.
- Sherry F. Colb, “Do Car Passengers Enjoy Fourth Amendment Rights? The Supreme Court Grants Review in Brendlin v. California,” Findlaw Writ, February 21, 2007.