Practice Areas
Blog 
Legal News
- Federal Court Jury Convicts Two in Failed Hold-Up
Posted on 9/15/2011 - Henrico Virginia Woman Gets 22 Years for Murdering Tenant
Posted on 9/15/2011 - Security Guard Gets 50 Years for Shooting Wife
Posted on 9/15/2011
Library
Firm News
Supreme Court Clarifies When Police Pat-Down of Car Passengers is Permissible
Posted on Jan 27, 2009
Posted Jan 26, 2009
By Debra Cassens Weiss, ABA Journal
A police officer who has a reasonable suspicion that a car passenger is armed and dangerous may conduct a pat-down search without violating the Fourth Amendment, the U.S. Supreme Court has ruled.
Writing for a unanimous court, Justice Ruth Bader Ginsburg said police officers involved in lawful traffic stops need not have a belief that the passenger is involved in criminal activity before conducting a search, the Associated Press reports. The frisk is permissible if the police "harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public," according to the opinion (PDF).
At oral arguments, Justice David H. Souter had questioned whether the reasonable suspicion standard would support just about any pat-down. He asked whether officers could frisk anyone who “looks like trouble.” He did not file a dissent, however.
The case is Arizona v. Johnson. It may be viewed by clicking on the link below.
Read More About Supreme Court Clarifies When Police Pat-Down of Car Passengers is Permissible...
Email Newsletter
Free Reports
Free Case Evaluation
Begin your case review by filling out the form below or call us at 1-804-726-4778.
Law Chambers of Anton J. Stelly
P.O. Box 11276
6002A West Broad Street
Suite 205
Richmond, Virginia 23230-1276
Phone: (804) 726-4778
Fax: (804) 726-4779
Get Directions