SUTTER JUDGE UPHELD

The state Supreme Court has upheld a decision by Sutter County Judge
Chris Chandler in the case of a Yuba City man arrested in 2001 for
methamphetamine offenses.

Chandler refused to suppress evidence against Bruce E. Brendlin and
sentenced him to four years in prison.

Sutter County Assistant District Attorney Fred Schroeder said Friday
that Brendlin was released long ago after serving about half the sentence.

Brendlin was a passenger in a car pulled over by a Sutter County
Sheriff's Department Deputy Robert Brokenbrough, who was checking the
validity of a registration permit taped to the back window.

According to court records, Brokenbrough suspected Brendlin was a
wanted parolee and saw drug paraphernalia in the car. Brendlin
remained in the car while Brokenbrough returned to his patrol car.

Brokenbrough asked for backup, then ordered Brendlin out of the car
at gunpoint. Brendlin ended up pleading guilty to manufacturing
methamphetamine but appealed to the 3rd District Court of Appeal on
the grounds that the search violated his Fourth Amendment rights.

The appellate justices ruled in Brendlin's favor, saying that
Brokenbrough stopped the car based only on a hunch and that Brendlin
was improperly detained. The driver also was arrested on
methamphetamine charges.

The Supreme Court overturned the appellate court decision on a 4-3
vote. Brokenbrough did not detain Brendlin based on the traffic stop
but on the basis of his suspicion that Brendlin was a parolee at
large, the justices ruled.

"When a peace officer directs the driver of a vehicle to pull over
for a traffic stop but, in effecting the stop, gives no indication
that the passenger of the vehicle is the focus of the officer's
investigation or show of authority, is the passenger subjected to a
'seizure' within the meaning of the Fourth Amendment? This is a
question that has divided courts inside and outside this state," the
Supreme Court said.