Save this link in your phone’s “notes” app, on your in-car computer, etc
We will continually update it with relevant case laws and court rulings for you to refer back to as a reference guide.
If you see something that needs to be updated, or have a case law you think we should add; e-mail that to [email protected] and we’ll update the list.
Searching People and/or Vehicles
Alabama VS Abrams
Allows us to run tags without PC due to title 32 tags being plainly visible for public to see. https://caselaw.findlaw.com/al-court-of-criminal-appeals/1894658.htmlWhren VS US
Any traffic violation committed by a driver is a legitimate legal basis for a stop. https://www.oyez.org/cases/1995/95-5841Pennsylvania VS Mimms
Grants officers the ability to order the driver out of the car. https://www.oyez.org/cases/1977/76-1830Maryland VS Wilson
Allows officers to remove passengers as well. https://www.oyez.org/cases/1996/95-1268Arizona VS Johnson
Reaffirms PA VS Mimms https://supreme.justia.com/cases/federal/us/555/323/US VS Williams
Reasonable to order a passenger back into a car they voluntarily exited for officer safety. https://caselaw.findlaw.com/us-9th-circuit/1260319.htmlPeople VS Castellon
Same as US V Williams, less intrusive to 4th to stay in car. https://caselaw.findlaw.com/ca-court-of-appeal/1462426.htmlPeople VS Vibanco
Officers can order occupants out of lawfully stopped vehicle to sit on curb. https://caselaw.findlaw.com/ca-court-of-appeal/1096360.htmlArturo & People VS Hinger
Persons in control of a vehicle must present DL and registration on command of police. https://caselaw.findlaw.com/ca-supreme-court/1196338.htmlHiibel VS Nevada
Asking passengers for ID doesn’t violate 4th. Asking questions is essential part of police investigation. Questions about ones identity is not a 4th violation. (Can request ID – not demand unless there is RS or PC.) https://www.oyez.org/cases/2003/03-5554U.S. VS Landeros
Says a demand for passengers ID is not part of the mission of a traffic stop, the ID’s of passengers will ordinarily have no relation to a drivers safe operation of the vehicle. https://cdn.ca9.uscourts.gov/datastore/opinions/2019/01/11/17-10217.pdfBrendlin VS CA
Passengers are seized and not free to leave without police permission once a vehicle is lawfully stopped https://www.oyez.org/cases/2006/06-8120Terry VS Ohio
Reasonable suspicion to pat for weapons – if you believe someone may or did commit a crime and may have weapon. https://www.oyez.org/cases/1967/67Minnesota VS Dickerson
Plain feel only in a terry frisk, no articulation of items https://www.oyez.org/cases/1992/91-2019Chimel VS California
Gives us our search incident to arrest, and describes what we refer to as a “lunge area”. https://supreme.justia.com/cases/federal/us/395/752/Arizona VS Gant
Search vehicle where a recent occupant was after arrest, only if reasonable belief arrestee may access vehicle at time of search, or contains evidence of offense. https://supreme.justia.com/cases/federal/us/556/332/US v Ross
When a vehicle is stopped and has PC to believe contraband is inside – a warrant-less search is permitted of vehicle to include all compartments, containers, people…etc. https://supreme.justia.com/cases/federal/us/456/798/Maryland VS King
Allows collection of DNA evidence from arrested persons for “serious offenses”. (Mouth swab, fingerprints…etc.) https://www.supremecourt.gov/opinions/12pdf/12-207_d18e.pdfMapp VS Ohio
Can’t use evidence obtained illegally. Fruit of the Poisonous Tree. https://case.edu/ech/articles/m/mapp-v-ohio Olivek VS Georgia
The Georgia Supreme Court held that the State Constitution protects against compelled breath tests and affords individuals a Constitutional Right to refuse breath testing. https://law.justia.com/cases/georgia/supreme-court/2017/s17a0738.htmlPeople Generally
Graham VS Connor
USE OF FORCE: 1) The severity of the crime 2) whether the suspect resisted arrested or attempted to evade arrest by fleeing, and 3) whether the suspect posed an immediate threat to the safety of the officer or the public (the most important factor). https://supreme.justia.com/cases/federal/us/490/386/Tennessee VS Garner
Must have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others, and that that threat be imminent. (Shoot fleeing felon). https://supreme.justia.com/cases/federal/us/471/1/Illinois VS Wardlow
Unprovoked flight or evasive behavior, as well as being in a high-crime area, are relevant issues in determining reasonable suspicion for a Terry stop. https://supreme.justia.com/cases/federal/us/528/119/Florida VS J.L.
Advises us that an anonymous tip reporting a subject is carrying a gun illegally is not, without more info, sufficient justification for a Terry Stop. https://caselaw.findlaw.com/us-supreme-court/529/266.html
