Court reviewing reasonableness of stop to investigate past misdemeanor or minor infraction must assess potential risk to public safety associated with offense.

U.S. v. Hensley

U.S. v. Hensley held that police may conduct an investigative stop under Terry v. Ohio if they reasonably suspect the person was involved in a completed felony. The court reviewing the reasonableness of a stop to investigate a past misdemeanor must assess the potential risk to public safety associated with the offense. Unlike the felony armed robbery at issue in Hensley, loud music did not endanger the public or expose them to a similar threat of violence.

Recent court decisions now allow passengers in vehicles stopped by the police to contest the legality of the stop.

Brendlin v. California

The U.S. Supreme Court has held that a traffic stop does indeed subject a passenger, as well as the driver, to Fourth Amendment seizure. Accordingly, a passenger has standing to challenge the detention with a motion to suppress evidence. The Court noted that the California Supreme Court's contrary conclusion was at odds with all nine Federal Courts of Appeal and nearly every state court to have ruled on the issue.

Contact an Experienced Orange County Criminal Defense Attorney

My practice is dedicated to providing you with one-on-one representation, honest, personal attention, and aggressive protection of your legal rights. You will always deal directly to me--I personally make all appearances in court on your behalf. I return calls and e-mails promptly and I will always be available to you when you need my help.

I represent people throughout Orange County and Southern California, including the cities of Tustin, Anaheim, Orange, and Huntington Beach.

If you have been charged with a crime, contact me immediately for a free consultation. We can frankly discuss your charge and your defense options.