News (Media Awareness Project) - US FL: Police Can't Stop Passengers In Traffic Stops, Court |
| Title: | US FL: Police Can't Stop Passengers In Traffic Stops, Court |
| Published On: | 1999-05-06 |
| Source: | Palm Beach Post (FL) |
| Fetched On: | 2008-09-06 06:58:23 |
POLICE CAN'T STOP PASSENGERS IN TRAFFIC STOPS, COURT RULES
Police officers cannot summarily stop passengers in cars from walking
away if the car has been pulled over in a traffic stop, the 4th District
Court of Appeal ruled Wednesday.
Police must have a reasonable suspicion that the passenger in the car
is involved in criminal activity or poses a danger to officers, the
court said.
Otherwise, ordering the person back to the car would be a violation of
his or her right to be protected from unnecessary searches.
While the court said the driver could be held in the car based on the
traffic infraction, "a wholly innocent passenger should have the right
to choose whether to continue on with his business or return to the
vehicle."
Michael Neimand of the state Attorney General's Office said his office
will ask for a rehearing or appeal the decision to the Florida Supreme
Court. The court did not strike the proper balance between personal
liberty and an officer's concern for his safety, Neimand said.
"I think that's a significant misinterpretation of the law," he
said.
The ruling was made in the case of Jeff Wilson, 21, of Royal Palm
Beach, who was arrested on drug charges in July 1997 while riding in
another person's car. A Palm Beach County sheriff's deputy stopped
the car in the parking lot of a bar, but when Wilson got out and
walked toward the bar, the deputy ordered him back.
The deputy, Sean Murray, said he made Wilson wait in the car for
safety reasons - not because Wilson appeared dangerous, but because
the bar had a rough reputation. The appeals court said that wasn't
enough.
Wilson was charged with possession of cocaine, marijuana and drug
paraphernalia after he was searched. But the court called the search
improper, and the drugs found can't be used against him.
The court has found that police can order drivers and passengers to
get out of a vehicle to ensure officers' safety.
And last month, the U.S. Supreme Court said police can search a
passenger's purse or other possessions if officers suspect the car
contains illegal drugs or guns.
Police officers cannot summarily stop passengers in cars from walking
away if the car has been pulled over in a traffic stop, the 4th District
Court of Appeal ruled Wednesday.
Police must have a reasonable suspicion that the passenger in the car
is involved in criminal activity or poses a danger to officers, the
court said.
Otherwise, ordering the person back to the car would be a violation of
his or her right to be protected from unnecessary searches.
While the court said the driver could be held in the car based on the
traffic infraction, "a wholly innocent passenger should have the right
to choose whether to continue on with his business or return to the
vehicle."
Michael Neimand of the state Attorney General's Office said his office
will ask for a rehearing or appeal the decision to the Florida Supreme
Court. The court did not strike the proper balance between personal
liberty and an officer's concern for his safety, Neimand said.
"I think that's a significant misinterpretation of the law," he
said.
The ruling was made in the case of Jeff Wilson, 21, of Royal Palm
Beach, who was arrested on drug charges in July 1997 while riding in
another person's car. A Palm Beach County sheriff's deputy stopped
the car in the parking lot of a bar, but when Wilson got out and
walked toward the bar, the deputy ordered him back.
The deputy, Sean Murray, said he made Wilson wait in the car for
safety reasons - not because Wilson appeared dangerous, but because
the bar had a rough reputation. The appeals court said that wasn't
enough.
Wilson was charged with possession of cocaine, marijuana and drug
paraphernalia after he was searched. But the court called the search
improper, and the drugs found can't be used against him.
The court has found that police can order drivers and passengers to
get out of a vehicle to ensure officers' safety.
And last month, the U.S. Supreme Court said police can search a
passenger's purse or other possessions if officers suspect the car
contains illegal drugs or guns.
Member Comments |
No member comments available...
