After officers stopped a car to check its registration without reason to believe it was being operated

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After officers stopped a car to check its registration without reason to believe it was being operated unlawfully, one of them recognized a passenger in the car. Upon verifying that the passenger was a parole violator, the officers formally arrested him and searched him, the driver, and the car, finding, among other things, methamphetamine paraphernalia. Charged with possession and manufacture of that substance, the passenger moved to suppress the evidence obtained in searching his person and the car, arguing that the officers lacked probable cause or reasonable suspicion to make the traffic stop, which was an unconstitutional seizure of his person. The prosecution argued that suppression was unwarranted because a passenger is not seized as a constitutional matter absent additional circumstances that would indicate to a reasonable person that he was the subject of the officer's investigation or show of authority. How should the court rule?

See Brendlin v. California, 127 S.Ct. 2400 (2007).

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Introduction to Law

ISBN: 978-0133484564

5th edition

Authors: Joanne B. Hames, Yvonne Ekern

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