US Supreme Court says passenger can be frisked

Monday, January 26, 2009

http://www.newsday.com/news/politics/wire/sns-ap-scotus-pat-down,0,1115752.story

WASHINGTON (AP) - The Supreme Court ruled Monday that police officers 
have leeway to
frisk a passenger in a car stopped for a traffic violation even if 
nothing indicates the passenger has
committed a crime or is about to do so.

The court on Monday unanimously overruled an Arizona appeals court 
that threw out evidence
found during such an encounter.

The case involved a 2002 pat-down search of an Eloy, Ariz., man by an 
Oro Valley police officer, who found a gun and marijuana.

The justices accepted Arizona's argument that traffic stops are 
inherently dangerous for police and that pat-downs are permissible 
when an officer has a reasonable suspicion that the passenger may
be armed and dangerous.

The pat-down is allowed if the police "harbor reasonable suspicion 
that a person subjected to the
frisk is armed, and therefore dangerous to the safety of the police 
and public," Justice Ruth Bader Ginsburg said.

The case is Arizona v. Johnson, 07-1122.
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