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Arizona Case Sheds Light on what a Police Officer may do at a Roadside Stop

By Conaway and Strickler

On December 8, 2008, the U.S. Supreme Court heard opening arguments in a case that may have long-term implications for drivers nationwide. The matter in question, Arizona vs. Johnson, pertains to whether or not a police officer has the authority to pat down a driver in search of weapons -- even if the driver is under no suspicion of committing or preparing to commit a crime. The Supreme Court has struggled for nearly a century to determine how officers and drivers should interact at roadside stops. In 1925, the High Court decided a landmark case that diminished the scope of the "right to privacy" in the special case of automobile stops. The constitutionality of a traffic stop usually hinges on interpretations of the Fourth Amendment. Previously, the court has had top grapple with how to treat drivers stopped for long periods of time, drivers found with suspicious items, and drivers in possession of weapons or firearms in compartments...continue to full post

Full post as published by Georgia Criminal Defense Blog on January 23, 2009 (boomark / email).