Sunday, January 13, 2019

Brendlin v. California case brief

    1. Brendlin v. California case brief summary
      1. When a driver is stopped by police it is a seize under 4th am. and same for the passenger
      2. The driver was seized when she started to pull over- the police showed authority and she submitted right when she started to pull over. Her seizure was UNREASONABLE because they had no probable cause
      3. Brendalin was a passenger in a traffic stop. The car had expired tags, police looked up the registration and saw that it was valid and being processed but they pulled him over anyways.
      4. The police recognized him and new he was violating parole. He was charged with possession and manufacture of meth. He moved to suppress the evidence obtained in the search of his person and the car as fruits of an unconstitutional seizure
        1. Saying the officers did not have probable cause or reasonable suspicion to make the traffic stop
        2. Brendalin: I was seized when the driver was seized and the officers had no probable cause
          1. When the car stops and he doesn’t get out he acquiesced
          2. Acquiesce when you have a chance to leave but don’t  
        3. Cali: He was free to leave when the driver was being illegally seized so therefore the meth was not a fruit of an illegal seizure
          1. He opened the door and closed it so he knew he could’ve left
            1. Uhh not really. That shows more than he didn’t feel free to leave
      5. Seizure: when an officer restrains freedom of movement by physical force or show of authority
        1. There is no seizure if there is no actual submission
      6. Issue: when the stop occurred would a reasonable person believe himself free to terminate the encounter?
        1. A reasonable person in Brendalin’s position would not feel free to depart without police permission
        2. This is the very nature of a traffic stop.
        3. All occupants of the vehicle were subject to like control by the successful display of authority.
        4. Brendalin wins!
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