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BRENDLIN v. CALIFORNIA

No. 06-8120.

127 S.Ct. 2400 (2007)

551 U.S. 249

168 L.Ed.2d 132

Bruce Edward BRENDLIN, Petitioner, v. CALIFORNIA.

Supreme Court of United States.

Decided June 18, 2007.

Attorney(s) appearing for the Case

Elizabeth M. Campbell, appointed by this Court, Sacramento, CA, for the petitioner.

Clifford E. Zall, for the respondent.

Jeffrey T. Green, Richard A. Kaplan, Sidley Austin LLP, Washington, D.C., Sarah O'Rourke Schrup, Northwestern University, Supreme Court Practicum, Chicago, IL, Elizabeth Campbell, Counsel of Record, Sacramento, CA, Counsel for Petitioner.

Edmund G. Brown Jr., Attorney General of California, Manuel M. Medeiros, State Solicitor General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Donald E. De Nicola, Deputy State Solicitor, Michael A. Canzoneri, Supervising Deputy Attorney General, Doris A. Calandra, Deputy Attorney General, Clifford E. Zall, Deputy Attorney General, Counsel of Record, Sacramento, CA, Counsel for Respondent.

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.

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