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UT: Detaining passengers was unreasonable because there was no reasonable suspicion or probable cause as to them

By John Wesley Hall, Jr.

Detaining the passengers was unlawful under Brendlin. There was cause to detain the driver, but not the passengers, and the officer would not let them leave. State v. Baker, 2008 UT App 115, 2008 Utah App. LEXIS 125 (April 3, 2008): Moreover, the desire to check the vehicle for controlled substances did not require the presence of the passengers, 4 yet Officer Robertson admitted that the passengers were not free to leave while the K-9 unit was en route. Thus, the officers needed some reasonable articulable suspicion to lawfully detain Baker and the other passengers while awaiting the K-9 unit's arrival. At the time Officer Robertson requested a K-9 unit, the officers had seen only one knife in a passenger's possession (and not in Baker's possession)...continue to full post

Full post as published by Fourth Amendment on April 07, 2008 (boomark / email).