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News (Media Awareness Project) - US FL: Court Says Passengers Can't Be Detained By Police
Title:US FL: Court Says Passengers Can't Be Detained By Police
Published On:2000-05-16
Source:Fort Lauderdale Sun-Sentinel (FL)
Fetched On:2008-09-04 09:34:41
COURT SAYS PASSENGERS CAN'T BE DETAINED BY POLICE DURING TRAFFIC STOPS

Passengers in cars pulled over by police in Florida do not have to remain
inside the vehicles during routine traffic stops, the nation's highest
court ruled on Monday.

The ruling, which upholds an earlier decision by the state Supreme Court
and affects only Florida, signifies a victory for civil libertarians.

At the same time, it is considered a setback for the law enforcement community.

The case stems from a 1997 traffic stop in Palm Beach County during which
two men were arrested by a sheriff's deputy.

Deputy Sean Murray stopped the driver of a Ford Escort for speeding along
Military Trail. He ran a check on the tag and learned that it was taken
from a pickup.

As the deputy approached the driver's side of the car, passenger Jeff
Wilson opened the door and walked toward a bar about five to 10 feet away.

Murray ordered Wilson to return to the car, which he did.

"These circumstances are somewhat unique, that someone would walk away from
the car," sheriff's spokesman Paul Miller said Monday.

Miller said the Supreme Court ruling will not have a "major impact on
operations" because deputies can still detain passengers if they pose a threat.

In the 1997 case, Murray noticed the driver was nervous and that his hands
were shaking. He also noticed the driver was trying to hide something under
the seat.

The deputy ordered him out of the car and patted him down but found no
weapons, records show. When he couldn't provide a license, he was
handcuffed and placed in the back of the patrol car.

Murray walked back to the car, peered through the passenger window and saw
a drug pipe holding what appeared to be marijuana on the floor next to
Wilson's feet.

Murray reportedly ordered Wilson out of the car, and Wilson began moving
around as if trying to hide something. Murray searched him, found cocaine
in his pocket and arrested him.

This report was supplemented with information from the Associated Press.
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