US Supreme Court says passenger can be frisked without cause
Wednesday, January 28th, 2009 at 1:49 pm | By: Radical Russ
WASHINGTON – The Supreme Court ruled Monday that police officers have leeway to frisk a passenger in a car stopped for a traffic violation even if nothing indicates the passenger has committed a crime or is about to do so.
The court on Monday unanimously overruled an Arizona appeals court that threw out evidence found during such an encounter.
The case involved a 2002 pat-down search of an Eloy, Ariz., man by an Oro Valley police officer, who found a gun and marijuana.
The justices accepted Arizona’s argument that traffic stops are inherently dangerous for police and that pat-downs are permissible when an officer has a reasonable suspicion that the passenger may be armed and dangerous.
The pat-down is allowed if the police “harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public,” Justice Ruth Bader Ginsburg said.
via US Supreme Court says passenger can be frisked – News Wires – CNBC.com.
“Probable cause” is a much stricter test than “reasonable suspicion”. I would take this decision to mean that if a cop pulls you and your friend over, you’re both getting frisked if the cop feels like it. After all, when would an officer’s suspicion about the possibility of an armed passenger unreasonable? Unless you’re naked or a quadriplegic, it’s reasonable to suspect you may be hiding something that could be a weapon.
Still, if you find yourself in the situation as a passenger or driver where a police officer asks you to step out of the car, do it (and roll up the windows and lock the doors behind you). If they want to touch you in any way, say, “Officer, I do not consent to any searches and I wish to speak with my attorney.” Do not resist or touch the officer. Be polite and put up with the frisk, even if you’re holding.
So long as you keep your mouth shut aside from saying exactly “Officer, I do not consent to any searches and I wish to speak with my attorney”, you’d be surprised what problems your NORML Legal Committee attorney can get you out of. For example, if he pats you down, that’s allowable, but if he pinches that joint through your shirt pocket and rolls it around between his fingers, that could be an illegal search and get thrown out of court.
