public safety and privay analysis

Brendlin v . California

Supreme Court Ruling : Public Safety Privacy Review

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Supreme Court Ruling : Public Safety Privacy Review

Introduction

The Fourth Amendment is regularly challenged on the basis of privacy violation and illegal search an seizures , as the interpretation of this amendment is often unclear . In June 2007 in the case Brendin v California the United States Supreme Court ruled that when police pull over a vehicle not only is the driver restricted from leaving the scene and subject to search , so is the passenger . Because

the California Supreme Court had ruled in favor of Brendlin , the court remanded the case for further proceedings . At the time of the incident the officer discovered Brendlin was in possession of an illegal substance as well as an outstanding warrant for his arrest therefore , he was taken into police custody . Brendlin challenged this search and seizure claiming that it was illegal

Brendlin v . California

In the early hours of November 27 , 2001 Susan Simeron was pulled over by Sherriff Deputy Robert Brokenbrough and his partner because he noticed the registration tags for her car had expired . Brokenbrough chose to radio the police station to obtain information concerning the vehicle and learned that Susan had applied for license renewal . The tags validating the application were properly displayed the however the officer chose to validate the authenticity . [1]

When the officer approached the vehicle he requested Susan 's identification and in the process he realized that the passenger looked familiar and identified him as one of the Brendlin brothers ' [1] The officer knew that one of the brothers was a parole at large ' so he asked for his identity and determined that the passenger was Bruce Brendlin . Brokenbrough radioed the station for confirmation and found that his suspicions about the warrant were correct therefore he radioed for back up . [1]

Brokenbrough drew his gun and then approached the car once again demanding that Brendlin exit the car as he was under arrest due to an outstanding warrant . Once Brendlin was detained and had been placed under arrest the officer discovered an orange syringe cap ' [1] This discovery provided the officers probable cause to search the vehicle which resulted in the discovery of various other illegal drugs as well as drug production equipment ' [1]

Brendlin was charged with manufacturing methamphetamine and with possessing and transporting methamphetamine when he was apprehended During the trial he motioned the court to suppress the drug evidence the police had gathered at the time of the incident , as his right to privacy had been violated through an illegal search and seizure . The State of Califoria 's response was that his conviction should stand because the Fourth Amendment rights only protected the driver in this situation The state also argued that drivers , not passengers , are the focus of traffic stops ' [2] Justice David Souter denied Brendlin 's motion to suppress and he was convicted for the crime

After pleading guilty to the manufacturing of methamphetamines Brendlin appealed the denial...