SmarterthanYou
rebel
seems to me that I remember the USSC deciding some cases that in general traffic stops, i.e. speeding or other minor infractions, that the passenger(s) is/are not seized or detained, so that if they decide to continue walking on their way, they could not be stopped........am I correct?
http://www.state.il.us/court/Opinions/AppellateCourt/2013/2ndDistrict/2111084.pdf
Defendant was a passenger in a car stopped for speeding. He got out of the car and started to walk away. The officer told him to stop, and he refused and kept walking. He was arrested for failing to follow the commands of the officer. When he was searched, marijuana was found in his pocket. That gave probable cause to search the whole car and more was found, and it was all lawful. People v. Brannon, 2013 IL App (2d) 111084, 2013 Ill. App. LEXIS 284 (May 6, 2013).*
Granted, this is the police state of Illinois, but it seems that the detainment and arrest of the passenger was unlawful.
http://www.state.il.us/court/Opinions/AppellateCourt/2013/2ndDistrict/2111084.pdf
Defendant was a passenger in a car stopped for speeding. He got out of the car and started to walk away. The officer told him to stop, and he refused and kept walking. He was arrested for failing to follow the commands of the officer. When he was searched, marijuana was found in his pocket. That gave probable cause to search the whole car and more was found, and it was all lawful. People v. Brannon, 2013 IL App (2d) 111084, 2013 Ill. App. LEXIS 284 (May 6, 2013).*
Granted, this is the police state of Illinois, but it seems that the detainment and arrest of the passenger was unlawful.
