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Article: Excluding automobile passengers from Fourth Amendment protection. (during police search after detainment)(Supreme Court Review)(Case Note)
- Article from:
- Journal of Criminal Law and Criminology
- Article date:
- March 22, 1998
- Author:
CopyrightCOPYRIGHT 1998 Northwestern University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
In Maryland v. Wilson,(1) the Supreme Court addressed whether police officers can order an innocent passenger to exit a vehicle when the driver is lawfully stopped for traffic violations.(2) The Court held that, as a matter of officer safety, police officers may order a passenger out of a lawfully stopped vehicle without having any particular reason to believe that the passenger poses a threat to the officer.(3) The Court weighed the public interest in effective law enforcement and the protection of police officers' lives against a passenger's liberty interest in remaining free from arbitrary government intervention.(4) The Court found in ...