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PEOPLE v. CARTWRIGHT

No. G019363.

85 Cal.Rptr.2d 788 (1999)

72 Cal.App.4th 1362

The PEOPLE, Plaintiff and Respondent, v. Misty Anne CARTWRIGHT, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

Review Denied October 6, 1999.

Attorney(s) appearing for the Case

Randall Bookout, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Esteban Hernandez, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

BEDSWORTH, J.

Analysis of contacts between police officers and passengers in motor vehicles has nettled California courts for some time. Some have held that passengers are not detained for Fourth Amendment purposes simply because they are present inside a car stopped for a traffic violation; others have reached the opposite conclusion. Even where courts have agreed on a result, they have differed over the reasoning that applies.

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