Police officers may not arbitrarily prevent passengers from leaving a vehicle during a routine traffic stop, the Florida District Court of Appeals ruled last week. The unanimous decision reversed a lower court’s denial of a motion to suppress evidence found during a search of passenger Jeff Wilson. Wilson later pled guilty to possession of marijuana, cocaine, and drug paraphernalia.
“A command preventing an innocent passenger from leaving the scene of a traffic stop to continue on his independent way is an … unreasonable interference … on personal liberty … [and] the freedom of movement,” the Court ruled. “A wholly innocent passenger should have the right to choose whether to continue on with his business or return to the vehicle by his driver-companion’s side.”
NORML Foundation Litigation Director Tom Dean praised the decision. “The court correctly held that without reasonable suspicion that a passenger is involved in criminal activity or presents a threat to an officer’s safety, police lack authority to interfere with his or her liberty and privacy,” he said.
For more information, please contact NORML Executive Director R. Keith Stroup, Esq. or Tom Dean of The NORML Foundation @ (202) 483-8751.