The old rule was that if a passenger was free to leave he was not detained and could not challenge the stop. The Supreme Court decided that passengers in a stopped car are not free to leave.
Good job, SCOTUS.
This opinion will only apply in cases where the cops pull a car over without probably cause that a traffic violation has occured. In Texas we have made it nearly impossible for a driver to obey all the traffic laws all the time. There are dozens of offenses that give rise to a traffic stop and arrest. Most texans may not realize it, but every traffic violation except speeding and open container is an arrestable offense.
It will be a rare stop that falls under this ruling. Cops can always find the car had a bad license plate light, was following too closely, speeding, or not using a turn signal.
It is still a win, albeit a small one.
Labels: Supreme Court
DATE: 6/19/07 8:49 PM
Any limitation to growing police excess is a win for the people.
DATE: 6/20/07 7:39 PM
At this point I will take this decision as a victory. Even though 47 out of 50 states have the same law you can never take a civil liberties case for granted with SCOTUS.