Thursday, July 16, 2009

Arizona v. Johnson

In Arizona v. Johnson, the United States Supreme Court stated, "In a traffic stop setting, the first Terry condition - a lawful investigatory stop - is met whenever it is lawful for police to detain an automobile and its occupants pending inquiry into a vehicular violation. The police need not have, in addition, cause to believe any occupant of the vehicle is involved in criminal activity. To justify a patdown of the driver or a passenger during a traffic stop, ...the police must harbor reasonable suspicion that the person subjected to the frisk is armed and dangerous." The Court further referenced that the police may frisk an armed passenger without any evidence of a crime.

No comments: