Brendlin v. California

Brief of the National Association of Criminal Defense Lawyers and the National Association of Federal Defenders.

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)

 

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Author(s)

Jon Nuechterlein, et al., Wilmer Hale, Washington, DC.