Monday, January 26, 2009

US Supreme Court Arizona v. Johnson 07-1122

Decision here.

   In this case, Johnson was the passenger in a car stopped for a non-criminal traffic infraction.  Three officers participated in the traffic stop, and the one who was speaking to Johnson chose to instruct him to get out of the car in order to question him about his gang involvement (based on his manner of dress, his association with a place that was home to a crips gang, and his admission to a recent prison sentence).  For the same reasons, the officer searched him for weapons, and found a gun.

   Johnson was convicted, appealed, and eventually the case worked its way to the Supreme Court.  The Court held that Johnson had been lawfully detained as a passenger in a traffic stop, and that the officer had reason to believe that he was armed and dangerous, and that because of this the officer didn't need to develop additional suspicion that Johnson was involved in criminal activity in order to conduct her search.  His conviction was upheld.

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