Traffic Stops
A traffic stop is, for practical purposes, a Terry stop; for the duration of a stop, driver and passengers are “seized” within the meaning of the Fourth Amendment. Under federal law, drivers and passengers may be ordered out of the vehicle without additional justification by the officer, although such practices might not be authorized under state law depending on the jurisdiction. Drivers and passengers may be searched for weapons upon reasonable suspicion they are armed and dangerous. If police reasonably suspect the driver or any of the occupants may be dangerous and that the vehicle may contain a weapon to which an occupant may gain access, police may perform a protective search of the passenger compartment.
Without a warrant, probable cause, or the driver’s consent, police may not search the vehicle, but under the “plain view” doctrine may seize and use as evidence weapons or contraband that are visible from outside the vehicle.
Writing for a unanimous Court in Arizona v. Johnson, 129 S.Ct. 781 (2009), Justice Ginsburg gives a comprehensive summary of most of the above-cited jurisprudence relating to traffic stops.
Read more about this topic: Terry Stop
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