The officer must have an articulable founded suspicion of criminal activity or a reasonable belief that the passenger poses a threat to the safety of the officer, himself, or others before ordering the passenger to return to and remain in the vehicle. U.S. v. Landeros, 913 F.3d 862 (9th Cir. (352) 273-0804 Pursuant to existing law on this point, Plaintiff had no obligation to talk to or identify himself to Deputy Dunn. at 332. . Florida CAN and DOES require those who are performing certain licensed activities and are reasonably suspected of a violation of that licensing agreement to display and. Yet, the officer attempted to justify the detention of the passengers of the stopped car based on the following: [T]he totality of circumstances late at night, one person already left theleft the car, which was suspicious in and of itself, high-crime, high-drug area, numerous other people walking around, officer safety for me to feel comfortable with this person leaving a potential crime scene and getting away with something, and/or destroying evidence, or coming back to harm me and my fellow officers. In this count, Plaintiff alleges negligent hiring, negligent training, negligent retention, and negligent supervision. 2D 1244 (FLA. 2D DCA 2003), SINCE In Brendlin, a unanimous Supreme Court held that a traffic stop seizes both driver and passengers for Fourth Amendment purposes, such that a passenger may challenge the constitutionality of the stop. The Ninth Circuit addressed whether the police can extend a traffic stop and if law enforcement can require a non-driver to identify themselves. . Once there is activity that raises any Terry issue, no problem with IDing passengers. "For a right to be clearly established, 'the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.'" Answer (1 of 110): Are police allowed to ask for car passengers ID's during traffic stop? PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur. Deputy Dunn also asked Plaintiff if he had his identification. 2011)). 2d 1107 (Fla. 4th DCA 1999). In such a case, "it is clear that even if . Count III is dismissed with prejudice, with no leave to amend. We know when the police can ask for your ID and when they can't. That's our job. Id. Pursuant to traffic stop laws, drivers are required to pull over for law enforcement. Const. Some--not all--decisions from the Florida Circuit Courts and County Courts (trial-level courts) are available in the following print resources: Decisions from the Florida Supreme Court and the five District Courts of Appeal can be found in the following print resources: If you have a case citation, such as 594 So. 901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders.. In the US: Yes, an officer may ASK for a passenger's ID, but generally cannot REQUIRE a passenger to produce an ID. Because the Presley and Aguiar courts concluded that the evolution of United States Supreme Court precedent with regard to traffic stops and passengers necessitated a reconsideration of Wilson v. Statea conclusion the State contends is also supported by the Supreme Court's decision in Rodriguez v. United States, 135 S. Ct. 1609 (2015)a review of those cases follows. 2004). The risk of harm to both the police and the occupants is minimized if the officers routinely exercise unquestioned command of the situation. 2d 46, 47 (Fla. 3d DCA 1996)); see also Prescott v. Oakley, No. at 231. I also fully appreciate that officer safety is a reason the United States Supreme Court has concluded that the Fourth Amendment permits law enforcement officers to order passengers out of a vehicle. Majority op. We hold that, as a matter of course, law enforcement officers may detain a vehicle's passengers for the reasonable duration of a traffic stop without violating the Fourth Amendment. Kingsland v. City of Miami, 382 F.3d 1220, 1234 (11th Cir. In order to survive a motion to dismiss, factual allegations must be sufficient "to state a claim to relief that is plausible on its face." Count V is dismissed without prejudice, with leave to amend. A traffic stop necessarily curtails the travel a passenger has chosen just as much as it halts the driver and the police activity that normally amounts to intrusion on privacy and personal security does not normally (and did not here) distinguish between passenger and driver. To be clear, the Florida Supreme Court did not give law enforcement carte blanche to detain passengers without suspected wrongdoing indefinitely. the right to refuse to identify themselves or provide ID. While Plaintiff was in the police car, law enforcement officers brought a dog to sniff the outside and claim that the dog "alerted" on the passenger side door. Talk to a criminal defense lawyer now 312-322-9000. At the time of their arrival, Officer Jallad and a second officer were dealing with that passenger, who was in handcuffs and behaving belligerently. amend. Further, although this traffic stop may have lasted longer than a routine, uneventful stop, it was prolonged not by law enforcement, but by the fact that one of the passengers exited the vehicle and attempted to leave. PDF. Id. "In 1982, the Florida Constitution was amended to provide that Florida courts would follow the United States Supreme Court's decisions in addressing search and seizure issues. Passengers in automobiles that are pulled over for minor traffic violations are not free to leave the scene, the Florida Supreme . As Plaintiff began to exit the vehicle, Deputy Dunn said to another officer that he was "going to take him no matter what because he's resisting. But it is no secret that people of color are disproportionate victims of this type of scrutiny. 3d 448, 451 (Fla. 2016). The temporary seizure of driver and passengers ordinarily continues, and remains reasonable, for the duration of the stop. The Supreme Court quoted Michigan v. Summers, 452 U.S. 692 (1981), in support of its conclusion that the Fourth Amendment permits law enforcement officers to order passengers out of a vehicle: [In Summers,] the police had obtained a search warrant for contraband thought to be located in a residence, but when they arrived to execute the warrant they found Summers coming down the front steps. Failure by the person stopped to respond is a violation of the law and can lead to arrest and criminal charges. 3d at 88 (citing Aguiar, 199 So. Previous Legal Updates. These include stalking, domestic violence, sexual violence, dating violence, and repeat violence cases. Please try again. When the stop is justified by suspicion (reasonably grounded, but short of probable cause) that criminal activity is afoot the police officer must be positioned to act instantly on reasonable suspicion that the persons temporarily detained are armed and dangerous. ; English v. State, 191 So. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS. Deputy Dunn was accompanied by two other deputies and a film crew from the A&E television show "Live PD.". Because Officer Dunn did not have a valid basis to require Plaintiff to provide identification, he could not arrest Plaintiff based on a failure or refusal to provide such identification. Police can't extend a traffic stop because a passenger declines to show a police officer identification, the Ninth Circuit U.S. Court of Appeals decided in January after hearing a case from Arizona, one of the western states under its jurisdiction. That holds even in a state with a "stop and identify" law, and even if the initial stop of the car (for a traffic violation committed by the driver) was legal. A plaintiff's failure to establish any one of these elements is fatal to a malicious prosecution claim. 2019); Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. at 24, the length of the traffic stop was reasonable, and subsequent United States Supreme Court precedent requires that we disapprove of Wilson v. State, 734 So. The Court further finds that based on the Fourth Amendment . In Colorado, police "may require" identifying information of a person. The First District noted that in both cases, the Supreme Court held a traffic stop seizes both the driver and any passengers. While Rule 8(a) does not demand "detailed factual allegations," it does require "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." I was on a vehicle as a passenger with my safety belt on and was pulled over. Sheriff's Office, 792 F.3d 1313, 1322-23 (11th Cir. The Court explained that the mobility of vehicles would allow them to be . Non-drivers only need to show their papers if police have a specific reason to believe they are involved in a crime. Asking Passenger for Identification What Happens when He or She Refuses? We disapprove of the Fourth District's decision in Wilson v. State, and any cases that rely upon Wilson v. State for the proposition that law enforcement officers under the Fourth Amendment are precluded from detaining passengers for the reasonable duration of a traffic stop. However, "[a] police officer who arrests a suspect but does not make the decision of whether or not to prosecute cannot be liable for malicious prosecution under 1983." 2d 676, 680 (Fla. 2d DCA 2005). (1) As used in this section, the term: (a) "Access device" means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other . A search is not required to be completed without your consent. Johnson v. Specifically, the Court concluded that a passenger's Fourth Amendment rights are not violated if police detain them during the "reasonable duration" of a valid traffic stop. At the request of law enforcement, Plaintiff's father identified Plaintiff as his son and provided Plaintiff's name to the officers. Id. Presley, 204 So. 734 So. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. It would seem that the possibility of a violent encounter stems not from the ordinary reaction of a motorist stopped for a speeding violation, but from the fact that evidence of a more serious crime might be uncovered during the stop. Consequently, the motion to dismiss is due to be granted as to this ground. As such, Count VI is dismissed without prejudice, with leave to amend. (1) This section may be known and cited as the "Florida Stop and Frisk Law.". On-scene investigation into other crimes, however, detours from that mission. In Maryland v. Wilson, the Supreme Court applied the holding in Mimms to passengers in vehicles that are lawfully stopped. In fashioning this rule, we invoked our earlier statement that [t]he risk of harm to both the police and the occupants is minimized if the officers routinely exercise unquestioned command of the situation. Wilson, [519 U.S.] at 414 (quoting Michigan v. Summers, 452 U.S. 692, 702-703 (1981)). Deputy Dunn is not entitled to qualified immunity, and the motion to dismiss is denied as to this ground. Presley, 204 So. The circuit court denied the motion, concluding that although Presley was detained, the limited nature and duration of the detention did not significantly interfere with his Fourth Amendment liberty interests. He moved to suppress the evidence, contending the traffic stop constituted an unlawful seizure of his person. Presley filed a motion to suppress his statements and all evidence seized on the basis that he was illegally detained during the traffic stop. That's all. After a background check revealed Presley was on drug offender probation with the special condition that he not consume alcohol, Presley was arrested for the violation of probation. Dist. 817.568 Criminal use of personal identification information.. Under Florida law, the elements of the tort of malicious prosecution are: "(1) an original judicial proceeding against the present plaintiff was commenced or continued; (2) the present defendant was the legal cause of the original proceeding; (3) the termination of the original proceeding constituted a bona fide termination of that proceeding in favor of the present plaintiff; (4) there was an absence of probable cause for the original proceeding; (5) there was malice on the part of the present defendant; and (6) the plaintiff suffered damages as a result of the original proceeding." According to one study, approximately 30% of police shootings occurred when a police officer approached a suspect seated in an automobile. Presley, 204 So. Plaintiff advised Deputy Dunn that he was only a passenger and was not required to identify himself. Under Florida law, to establish a claim for intentional infliction of emotional distress, a plaintiff must allege and prove the following elements: (1) the conduct was intentional or reckless; (2) the conduct was outrageous; (3) the conduct caused emotional distress; and (4) the emotional distress was severe. "Alternatively, the causal connection may be established when a supervisor's custom or policy results in deliberate indifference to constitutional rights or when facts support an inference that the supervisor directed the subordinates to act unlawfully or knew the subordinates would act unlawfully and failed to stop them from doing so." Instead, [b]ecause addressing the infraction is the purpose of the stop, it may last no longer than is necessary to effectuate th[at] purpose, and the [a]uthority for the seizure ends when tasks tied to the traffic infraction areor reasonably should have beencompleted. Rodriguez, 135 S. Ct. at 1614 (internal citations and quotation marks omitted). What is at most a mere inconvenience cannot prevail when balanced against legitimate concerns for the officer's safety. . 3:18-cv-594-J-39PDB, 2018 WL 2416236, at *4 (M.D. In concluding the trial court properly denied suppression, the Supreme Court expressed that most traffic stops resemble, in duration and atmosphere, the kind of brief detention authorized in Terry. Id. However, officers did not find any drugs in the vehicle. The holdings in Presley and Wilson v. State reach opposite conclusions on a legal issuewhether law enforcement officers may, during a lawful traffic stop, detain a passenger as a matter of course for the duration of the stop without violating the passenger's Fourth Amendment rights. In those cases, as here, the crucial question would be whether a reasonable person in the passenger's position would feel free to take steps to terminate the encounter.Id. Therefore, Wilson was arrested based on probable cause to believe he was guilty of possession of cocaine with intent to distribute. at 411. 2010). at 253. "[T]he existence of probable cause is an absolute bar to a claim for false arrest or false imprisonment." Fla. July 10, 2008). 3d at 87. See Perez v. State, 620 So.2d 1256, 1258 (Fla.1993)." In his complaint, Plaintiff has alleged facts showing that Deputy Dunn lacked probable cause to arrest him for obstruction without violence. "commanded" Landeros to provide identification. In other words, you must make sure that the case has not been overruled or otherwise limited by subsequent decisions or legislative action, either directly or indirectly. During the early morning hours of January 29, 2015, Gainesville police officer Tarik Jallad conducted a traffic stop of a vehicle for a faulty taillight and a stop sign violation. Id. The Fourth District . He also broadly asserts that he is entitled to dismissal of the negligent training claim because the claim "necessarily involves discretionary government policy making choices, and is thus protected by sovereign immunity." You may be eligible to renew a Florida driver license or ID card online at MyDMV Portal. (Doc. However, when the traffic stop does not give rise to a need to question passengers or ask for their identification, I fail to comprehend why the interrogation of passengers on matters unrelated to the traffic stop, so long as those inquiries do not measurably extend the duration of the stop, does not intrude on the constitutional guarantee to be free from unreasonable searches and seizures. Traffic stops are especially fraught with danger to police officers, Johnson, 555 U.S. at 330 (internal quotation marks omitted), so an officer may need to take certain negligibly burdensome precautions in order to complete his mission safely. 3d at 192. Federal 11th Circuit Criminal Case Law Update (January 16, 2023 - January 20, 2023) January 26, 2023; 3d 84 (Fla. 1st DCA 2016). In its opinion, the court stated that . Twilegar v. State, 42 So. Id. Thus, an unintended person [may be] the object of the detention, so long as the detention is willful and not merely the consequence of an unknowing act. Id. When analyzing a battery claim based on excessive force, a court considers "whether the amount of force used was reasonable under the circumstances." The Court further finds that based on the Fourth Amendment itself and the case law discussed, the law was clearly established at the time of the arrest. DONE and ORDERED in Chambers, in Tampa, Florida, this 13th day of November, 2020. The Fourth District determined that: [A] command preventing an innocent passenger from leaving the scene of a traffic stop to continue on his independent way is a greater intrusion upon personal liberty than an order simply directing a passenger out of the vehicle. at 1615 (citations omitted). A search of the vehicle revealed methamphetamine. The officer admitted that he had got all the reason[s] for the stop out of the way. Id. ARGUMENT IN SUPPORT OF THIS COURT'S JURISDICTION I. "Under Florida law, false arrest and false imprisonment are different labels for the same cause of action." Presley, 204 So. Certainly it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties. Terry v. Ohio, [] 392 U.S. at 23. at 691. As noted by the United States Supreme Court, [t]he touchstone of [an] analysis under the Fourth Amendment is always the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security. Mimms, 434 U.S. at 108-09 (quoting Terry v. Ohio, 392 U.S. 1, 19 (1968)). "Under Florida law, a claim for negligent hiring, retention, or supervision requires that an employee's wrongful conduct be committed outside the scope of employment." at 413. Therefore, instead of being able to address the traffic violations immediately, Officer Jallad first needed to secure that passenger, who was belligerent and had to be placed in handcuffs. This fee cannot be waived. at 413 n.1. Unfortunately, in this case, the 9 th Circuit ruled that the lawful stop had concluded prior to the officers ordering Landeros out of the car. Based upon the foregoing, we approve both the decision below and Aguiar. . Police are also . Artubel v. Colonial Bank Group, Inc., No. 2016) (quoting Jenkins by Hall v. Talladega City Bd. Fla. Aug. 8, 2008) (internal quotation omitted); see also Anderson v. City of Groveland, No. For Officer Jallad to complete his mission safely, Rodriguez, 135 S. Ct. at 1616, we conclude the detention was reasonably extended in order for backup officers to arrive and assist with the driver and Presley. Am. Whether the conduct is sufficiently outrageous - that is to say, goes beyond all "bounds of decency" and is to be regarded as "odious and utterly intolerable in a civilized community" - is not a question of fact but rather a matter of law to be determined by the court. (quoting City of Miami v. Sanders, 672 So. Deputy Dunn argues that Plaintiff cannot state a cause of action under the Fourteenth Amendment. Once contraband is viewed in plain sight the stop is no longer a traffic stop. at 257-58 (some citations and footnote omitted). The Fifth District further noted, [a] departing passenger is a distraction that divides the officer's focus and thereby increases the risk of harm to the officer. Id. Arizona v. Johnson, 555 U.S. 323, 333 (2009). can be sued directly under 1983 for monetary, declaratory, or injunctive relief . To demonstrate a policy or custom, "it is generally necessary to show a persistent and wide-spread practice; random acts or isolated incidents are insufficient." Supreme Court; District Court of Appeal; Make your practice more effective and efficient with Casetext's legal research suite. 3d at 85-86. Identifying information varies, but typically includes. Except under some certain circumstances, there is NO requirement for a passenger in a car. But he may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual. The 2022 Florida Statutes (including Special Session A) 316.066 Written reports of crashes.. Under Monell, "[l]ocal governing bodies . Fla. May 29, 2018) (quoting Mathews v. Crosby, 480 F.3d 1265, 1270 (11th Cir. ): Sections 322.54 and 322.57, F.S. . (officer may detain person for purpose of ascertaining identity when officer reasonably believes person has committed, is committing, or is about to commit a crime); Hiibel v. Sixth Jud. Shuford v. Conway, 666 F. App'x 811, 816-17 (11th Cir. 551 U.S. at 251. for this in California statutes or case law. at 253 n.2. See id. In Johnsonanother unanimous Supreme Court decisionmembers of a gang task force stopped a vehicle when a license plate check revealed the registration had been suspended. Vibe Micro, Inc. v. Shabanets, 878 F.3d 1291, 1295 (11th Cir. at 415 n.3. Du Bois, The Souls of Black Folk (1903); J. Baldwin, The Fire Next Time (1963); T. Coates, Between the World and Me (2015). at 254. Those are four different concepts. An officer's inquiries into matters unrelated to the justification for the traffic stop, this Court has made plain, do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop. Plaintiff Marques A. Johnson is suing Deputy James Dunn, in his individual capacity, and Sheriff Chris Nocco, in his official capacity (collectively, "Defendants") for alleged constitutional violations and related state law negligence and tort claims following his arrest on August 2, 2018. 3d 177, 192 (Fla. 2010). 16-3-103 16-3-103. Consequently, "to impose 1983 liability on a local government body, a plaintiff must show: (1) that his constitutional rights were violated; (2) that the entity had a custom or policy that constituted deliberate indifference to that constitutional right; and (3) that the policy or custom caused the violation." Colorado . 8:16-cv-060-T-27TBM, 2016 WL 8919458, at *4 (M.D. See Cornett v. City of Lakeland, No. At that time, the officer who pulled the men over led his dog around the vehicle, and the dog alerted to the presence of drugs. A shotgun pleading is one where "it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief" and the defendant therefore cannot be "expected to frame a responsive pleading." Co. v. Big Top of Tampa, Inc., 53 So. That being said, the Court notes that under Plaintiff's version of events, although he did not personally identify himself, his father actually provided his information prior to his arrest. See Presley, 204 So. Law enforcement cannot extend a traffic stop because a passenger refuses to give their identification, unless the officer has a reasonable suspicion the person has . Florida v. Jardines, 569 U.S. 1, 7-8 . 01-21-2013, 11:40 AM. Plaintiff alleges that his constitutional rights were violated through a custom or policy of the Sheriff - namely, a failure to adequately train and supervise deputies who are arresting people without sufficient probable cause. 3d at 87. Id. even if a law enforcement officer had the 24 Id. An officer who makes an arrest without actual probable cause is still entitled to qualified immunity in a 1983 action if there was "arguable probable cause" for the arrest. Count IX is dismissed without prejudice, with leave to amend. 2015). 2550 SW 76th St #150. Presley, 204 So. Florida . Drivers must give law enforcement their license . This improper mixing of claims makes it difficult for Defendants to respond accordingly and present defenses, and for the Court to appropriately adjudicate this case. 2d 1107 (Fla. 4th DCA 1999). 8:08-cv-179-T-23MAP, 2008 WL 3411785, at *9 (M.D. Presley does not challenge the bases asserted by Officer Jallad for the initiation of the traffic stop. In Maryland v. Wilson, [] we held that during a lawful traffic stop an officer may order a passenger out of the car as a precautionary measure, without reasonable suspicion that the passenger poses a safety risk. This case is before the Court for review of the decision of the First District Court of Appeal in Presley v. State, 204 So. https://guides.law.ufl.edu/floridacaselaw, Contact the Office of Career and Professional Development, University of Florida Legal Information Center, https://guides.law.ufl.edu/floridacaselaw/validating, CONSUMER INFORMATION (ABA REQUIRED DISCLOSURES). Recognizing that a limited search of outer clothing for weapons serves to protect both the officer and the public, the Court held the patdown reasonable under the Fourth Amendment. See 316.605(1), F.S. Id. University of Florida Levin College of Law After being charged with possession of a weapon by a prohibited possessor, Johnson moved to suppress the evidence as the fruit of an unlawful search. 3:16-cv-231-J-34PDB, 2019 WL 423319, at *17 (M.D. DeRosa v. Rambosk, 732 F. Supp. The dissent also discussed the United States Supreme Court s opinion in Pennsylvania v. 14-10154 (2016). 309 Village Drive Presley, 204 So. Utah v. Strieff, 136 S. Ct. 2056, 2069-71 (2016) (Sotomayor, J., dissenting) (citation omitted). When law enforcement conducts a traffic stop on a vehicle, both the driver and the passengers have been . A police officer in Gainesville initiated a traffic stop due to a "faulty taillight and a stop sign violation," according to court records. Passengers can obviously be stopped for traffic violations by virtue of being in the vehicle. By Mark Hanna. ( Wyoming v. Houghton, 526 U.S. 295 (1999).) [I]n a traffic-stop setting, the first Terry conditiona lawful investigatory stopis met whenever it is lawful for police to detain an automobile and its occupants pending inquiry into a vehicular violation. See art. In this case, Plaintiff has not met the high standard required to show that Deputy Dunn's conduct was "beyond all bounds of decency" or that Plaintiff suffered "severe distress." Weighing the competing interests, the Court first stated: We think it too plain for argument that the State's proffered justificationthe safety of the officeris both legitimate and weighty. Yes, a passenger has rights during a traffic stop. pursuant to a governmental 'custom' even though such a custom has not received formal approval through the body's official decisionmaking channels." The Court asserted that the case was "analytically indistinguishable from Delgado. 14). State v. Jacoby, 907 So. I'm not required to identify myself." It's a sentence that would put Andre Roxx behind bars in 2018 on a night that started off with excitement. Plaintiff alleges that each of the officers at the scene incorrectly believed that Plaintiff could be arrested for failing to provide identification even though there was no legal basis to demand such identification since he was only a passenger in the vehicle and was not suspected of criminal activity. Bd. Ct., 542 U.S. 177, 188 (2004) (holding that an officer may not arrest an individual for failing to identify himself if the request for identification is not reasonably related to the circumstances justifying the stop); Berkemer v. McCarty, 468 U.S. 420, 439-40 (1984) (holding that an individual is not required to provide information, including his identification, to law enforcement officer who lacks probable cause to arrest); Brown v. Texas, 443 U.S. 47, 52-3 (1979) (holding that law enforcement cannot stop and demand identification from individual without a specific basis for believing he is involved in criminal activity); Young v. Brady, 793 F. App'x 905, 909 (11th Cir. 3d at 88 (quoting Aguiar, 199 So. of Educ., 115 F.3d 821, 826 n.4 (11th Cir. Online legal research platform providing access to appellate case law from FL courts, as well as many other primary and secondary legal resources. 12/29/21: On December 29, 2021 the Pennsylvania Supreme Court issued a decision in Commonwealth v. Barr. Fla. June 29, 2016) (quoting Essex Ins. We can prove you right later. Fed. See 901.151(2), F.S. After you find a case, it is very important to confirm that it is still good law. The Supreme Court rejected Wilson's contention that, because the Court generally eschews bright-line rules in the Fourth Amendment context, it should not adopt a bright-line rule with regard to passengers during lawful traffic stops: [T]hat we typically avoid per se rules concerning searches and seizures does not mean that we have always done so; Mimms itself drew a bright line, and we believe the principles that underlay that decision apply to passengers as well. Id. Rice, 483 F.3d 1079, 1084 (10th Cir.2007) ("[B]ecause passengers present a risk to officer safety equal to the risk presented by the driver, an officer may ask for identification from passengers and run background checks on them as well.") (citing Wilson, 519 U.S. at 413-414, 117 S.Ct. Gross v. Jones, No. The Court then addressed the State of California's assertion that Brendlin was not seized and, therefore, could not claim the evidence was tainted by an unconstitutional stop: We think that in these circumstances any reasonable passenger would have understood the police officers to be exercising control to the point that no one in the car was free to depart without police permission.

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