Brief filed: 03/05/2007
Documents
Brendlin v. California
United States Supreme Court; Case No. 06-8120
Prior Decision
Lower court opinion, 136 P.3d 845 (Cal. 2006), cert. granted, January 19, 2007.
Question Presented
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 legality of the traffic stop; arguing that a vehicle passenger is "seized" until he receives some objective indication that he is free to leave and it is safe for him to do so.
Argument(s)
Author(s)
Jon Nuechterlein, et al., Wilmer Hale, Washington, DC.