You’re a passenger in a vehicle that’s just been pulled over: what are your rights?

We all know the stomach-dropping feeling that comes when you’re driving, and you see flashing lights in your rear-view mirror. As the driver, you’re required to pull over. During a traffic stop, the driver is detained. This is because an officer has restrained the driver’s liberty using their authority. But what if you’re the passenger in the vehicle?

The U.S. Supreme Court answered this question in the case of Brendlin v. California (2009).

Early one morning, two police officers observed a parked car with expired registration tags. Upon further investigation, the officers learned that an application for renewal of registration was being processed but still decided to stop the vehicle.

After approaching the stopped car, one of the officers recognized the passenger as Mr. Brendlin and believed he had a warrant. Upon confirming the warrant, the officer arrested Mr. Brendlin. During a routine pat-down search, the officer discovered drug paraphernalia. Mr. Brendlin was charged with and convicted of possession and manufacture of methamphetamine.

Mr. Brendlin’s defense attorney argued that the officers had unlawfully detained Mr. Brendlin, violating his 4th Amendment rights. Specifically, the defense argued that officers lacked probable cause or reasonable suspicion to make the traffic stop in the first place.

The Supreme Court first looked at the constitutionality of the traffic stop. The officers who made the decision to pull over the vehicle later admitted that there was nothing unusual about the permit or the way it was placed on the vehicle. Due to this admission, the officers had no reasonable suspicion that the driver had committed a traffic violation. Therefore, the officers did not have the legal authority to stop the vehicle and detain the driver.

However, the crux of this case surrounds whether Mr. Brendlin, as the vehicle passenger, was also detained when officers pulled the vehicle over. The Court determined that Mr. Brendlin was detained the moment the police stopped the vehicle because no reasonable person in Mr. Brendlin’s position would have believed they were free to leave. Therefore, Mr. Brendlin was also the victim of an illegal stop and any evidence collected during the stop should be suppressed. As a result of the Court’s decision, Mr. Brendlin’s conviction was reversed.

Even before the U.S. Supreme Court ruled on this issue, Minnesota required officers to have independent reasonable suspicion before questioning or searching a passenger (State v. Fort, 2003). However, Mr. Bredlin’s case confirmed that a passenger is detained during a traffic stop.

Ordinary traffic stops for minor violations should not result in a violation of constitutional rights. During a traffic stop, police officers need independent reasonable suspicion to interact with a passenger. If you were a passenger in a vehicle that was pulled over and believe the State has violated your rights, we are here to help you understand your options.

Today, it is not enough to simply know your rights; you need to understand how Courts have interpreted those rights in the past to understand how they apply to you today.

To protect your freedom, understand your rights.

Brendlin v. California, 551 U.S. 249 (2007)

State v. Fort, 660 N.W.2d 415 (2003)

Legal Disclaimer: This information is provided for educational purposes and is not legal advice. If you have questions regarding a legal matter, please contact our office for assistance or reach out to an attorney who may be able to help you understand how the law may apply to different circumstances.