Passengers in the car are now covered when Police Stop and Search the Vehicle

When a police officer makes a traffic stop, the driver of the car is seized within the meaning of the Fourth Amendment. The question in this case is whether the same is true of a passenger. We hold that a passenger is seized as well and so may challenge the constitutionality of the stop.

Justice Souter wrote the majority opinion; this is what the United States Supreme Court held:

Supreme Court Holding: When police make a traffic stop, a passenger in the car, like the driver, is seized for Fourth Amendment purposes and so may challenge the stop's constitutionality.

Justice Souter delivered the opinion of the United States Supreme Court:

When a police officer makes a traffic stop, the driver of the car is seized within the meaning of the Fourth Amendment. The question in this case is whether the same is true of a passenger. We hold that a passenger is seized as well and so may challenge the constitutionality of the stop.

Click here to read the entire opinion.