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U.S. Supreme Court Says Arrested Passengers Have Rights: Gainesville, GA Criminal Defense Attorney Explains…

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In Brendlin, a car was pulled over without any reason, probable cause or articulable suspicion of criminal activity.  After the vehicle was stopped, the passenger was searched and was found to be in possession of drug paraphernalia.  The passenger moved to suppress the evidence on the grounds that the vehicle was illegally stopped.

The prosecution argued that since the driver was the person actually pulled over and the passenger was not the target of the traffic stop, the passenger did not have standing to object to the illegal stop of the vehicle regardless of what happened to the passenger.

The defense argued, and the Supreme Court agreed, that once the officers pulled over the car a reasonable person in the passenger’s situation would believe that they were not free to leave the scene and as a result the passenger was in fact seized under the Fourth Amendment.  Therefore, if the passenger was seized under the Fourth Amendment, then the passenger has a right for the court to hear his motion to suppress.

If you were a passenger in a car and were arrested, you have, by law in Georgia, search and seizure rights regarding why the car you were traveling in was stopped by law enforcement.

At Breakfield & Associates, Attorneys, John Breakfield welcomes anyone with any questions regarding Georgia search and seizure or criminal defense to Call or Email him.  Please remember that all criminal defense initial consultations are free of charge.

About the author: John Breakfield is a Georgia Criminal Defense Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles matters regarding search and seizure and criminal defense. The law office of Breakfield & Associates, Attorneys can assist clients through out Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Clarke County (Athens), Lumpkin County (Dahlonega), Gwinnett County (Buford, Sugar Hill, Lawrenceville), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes.  Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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