[Download] "Harman v. City and County of San Francisco" by In the Court of Appeal of the State of California First Appellate District Division One ~ eBook PDF Kindle ePub Free
eBook details
- Title: Harman v. City and County of San Francisco
- Author : In the Court of Appeal of the State of California First Appellate District Division One
- Release Date : January 22, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 107 KB
Description
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 officers 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 as a practical matter, is not seized as a constitutional matter in the absence of additional circumstances that would indicate to a reasonable person that he or she was the subject of the peace officers investigation or show of authority. We therefore reverse the judgment of the Court of Appeal, which (1) held that the passenger was automatically seized as a result of the traffic stop, (2) determined that the traffic stop was unlawful, and (3) suppressed the evidence of methamphetamine manufacturing found in the car and on defendants person as the fruit of the illegal seizure.