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A 15-year-old in Albuquerque is riding home from basketball practice with a teammate's older brother. Red and blue lights come on behind them, and the car pulls over for a broken taillight. The driver is the one who gets the ticket, but the passenger is part of the stop too, and the Supreme Court has said exactly what that means.
You are stopped too
In Brendlin v. California (2007), the U.S. Supreme Court held that when police pull a car over, the passenger is 'seized' under the Fourth Amendment, just like the driver. Seized means your freedom to leave has been restrained by the police.
This cuts two ways. You generally cannot just get out and walk away while the stop is happening. But because you were seized, you can also challenge the stop in court later if it was not lawful, for example if officers had no legal reason to pull the car over in the first place.
Stepping out, and when a pat-down is allowed
In Maryland v. Wilson (1997), the Court held that an officer making a traffic stop may order passengers to get out of the car until the stop is finished. If an officer tells you to step out, do it slowly and keep your hands visible.
A pat-down is a separate question. In Arizona v. Johnson (2009), the Court said an officer may pat down a passenger's outer clothing during a lawful traffic stop only if the officer reasonably suspects that passenger is armed and dangerous. The officer does not need to suspect you of a crime, but needs a specific reason to think you have a weapon. Riding in the car is not that reason by itself.
Questions, searches, and your phone
An officer can ask a passenger questions, but you do not have to answer questions about where you were going or what you were doing. You can say, 'I would like to stay silent.' Whether a passenger must give a name or show ID depends on state law, so check the rules in our article on being stopped while driving and ask a local legal aid office if you are unsure.
If an officer asks to search your backpack or your phone, you can say, 'I do not consent to a search.' Say it calmly and do not physically block the officer. Refusing consent is not a crime, and it keeps the question of whether any search was legal open for later.
What to do as the passenger
Stay seated with your seatbelt on and your hands where they can be seen, unless an officer tells you to get out. Before reaching for anything, including a phone or wallet, say what you are doing and wait for an OK.
When the driver gets the ticket or warning back, you can ask, 'Are we free to go?' If you think the stop or a pat-down was wrong, do not argue at the roadside. Write down the date, time, street, officer names or badge numbers, and what happened, and tell a parent or trusted adult. A public defender or legal aid office can explain whether Brendlin gives you a way to challenge it.
请记住
- Brendlin v. California (2007): a passenger is seized during a traffic stop and can challenge the stop later.
- Maryland v. Wilson (1997): an officer may order passengers out of the car until the stop ends.
- Arizona v. Johnson (2009): a passenger can be patted down only on reasonable suspicion of being armed and dangerous.
- Keep your hands visible, you may stay silent, say you do not consent to searches, and write everything down afterward.
资料来源
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