Brendlin v. California (2007) Overview | LSData Case Brief Video Summary

The court ruled that passengers in a car stopped by police have the right to challenge the constitutionality of the stop. A traffic stop constitutes a seizure of both the driver and passengers under the Fourth Amendment. The Supreme Court applies the "reasonable person" standard to determine if a passenger was seized during an unconstitutional traffic stop. The Supreme Court of California's conclusion that seizure only occurs with formal arrest is incorrect.

Brendlin v. California (2007)
Supreme Court of the United States
551 U.S. 249, 168 L. Ed. 2d 132, 127 S. Ct. 2400, 2007 U.S. LEXIS 7897, SCDB 2006-063

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