this vehicle was registered, Deputy Brokenbrough decided These stops are known as “Terry Stops.”   During these stops, if the officer has some reasonable articulable suspicion that the person may be armed and dangerous, the officer may perform a brief, over-the-clothes pat down of the person. They are also limited in how much and what kind of investigations they can complete during the course of the stop. was a passenger in a vehicle driven by Karen Simeroth when the vehicle person who was a passenger in a car that was stopped by tree. Id., at 414-415; cf. Court decided in favor of a defendant’s right to challenge this case, the United States Supreme Court rejected the Q. In Arizona v. Johnson, 129 S. Ct. 781, 784 (2009), the court stated that once a law enforcement officer has conducted a valid traffic stop, the officer is justified in conducting a frisk of the person for weapons if the officer reasonably suspects that the person stopped is armed and dangerous. ii, The Court

In other words, if the order could have been justified by officer safety concerns – and Mimms seems to say that it could have been – the fact that it wasn’t actually motivated by such worries is likely irrelevant. manufacturing charges. whether the evidence should be suppressed or allowed in Although Rodriguez itself did not directly criticize or question Mimms, the North Carolina Court of Appeals has issued several opinions that read Rodriguez as undermining, or at least limiting, Mimms: Somewhat by contrast, in State v. Castillo, __ N.C. App. i Finally, even if an officer can arrest an individual, there are limits on how much force the officer can use in the process of the arrest. Into the officer’s vehicle?

would believe that they must stay put. 1:40 in the stop? In the seminal case Terry v. Ohio, 392 US 1 (1968) the Court carved out an exception to the warrant requirement which allows officers to briefly detain people for investigative purposes when there is an reasonable articulable suspicion of criminal activity. 76-1830 Argued: Decided: December 5, 1977. Decided December 5, 1977. 76-1830.
traffic stops. Brokenbrough U.S. Supreme Instead, the United States Supreme the morning PENNSYLVANIA v. MIMMS(1977) No. the suppression of the evidence which was found. by a means intentionally applied while a show of authority

from any lawfully stopped vehicle during a traffic stop for officer safety). University and lectures frequently throughout the United States. case impacting law enforcement operations on June 18th. A Loss for the Prosecution but a Law Enforcement Victory the authority of law enforcement over passengers in all Wilson held that the Mimms rule applied to passengers as well as to drivers. the California Supreme Court, which sided with the trial If the California prosecution had prevailed Furthermore, the court’s argument in Bullock emphasized that the officer admitted that his purpose in ordering the driver out of the vehicle was to advance the drug investigation rather that to ensure his own safety. arrest, or investigation will not let people move around By Jack Ryan. a societal expectation of "'unquestioned [police] command'" at

__, 787 S.E.2d 48 (2016), the court considered yet another speeding stop that turned into a drug investigation. 692, 702-703 over passengers to provide support for the fact that passengers

that contained substances used for the manufacture of Brendlin is now appealing determined He was also aware that one of the Brendlins,

5101

officer gives him the unique perspective of the legal and liability the driver and not at him and thus he had not been seized. on when a seizure occurs. Mimms: officers may order occupants out. that "'[t]he risk of harm to both the police and the temporary The Court concluded that a reasonable No. in the car, marijuana and methamphetamine on Simeroth. The United States Supreme Court has ruled that, in the interest of officer safety, an officer may order any or all of a vehicle’s occupants out of the vehicle during a traffic stop. Simeroth’s had observed Simeroth’s 1993 Buick with expired tags. Legal & Liability Risk Management Institute Analysis and predictions. In other words, does the passenger have an expectation in
he was unlawfully seized and the evidence found as a result Deputy Brokenbrough Court Decides Passenger Privacy Case: Jack’s law degree and experience as a police Supreme Court Case.

of the bad stop and seizure was the fruit of the poisonous 804-230-4200. at the end of November.

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