PEOPLE v. BRENDLIN

No. S123133.

45 Cal.Rptr.3d 50 (2006)

38 Cal.4th 1107

136 P.3d 845

The PEOPLE, Plaintiff and Respondent, v. Bruce Edward BRENDLIN, Defendant and Appellant.

Supreme Court of California.

June 29, 2006.


Attorney(s) appearing for the Case

Elizabeth Campbell, under appointment by the Supreme Court, and James F. Johnson, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, John G. McLean, Janet E. Neeley, Michael A. Canzoneri and Clifford E. Zall, Deputy Attorneys General, for Plaintiff and Respondent.


BAXTER, J.

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. We find that the passenger, whose progress is momentarily stopped...

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