Academic Content. I mean, the driver was stopped because there was reason to believe he had violated a traffic law, or requirement, that the driver was speeding while making an illegal turn, or without a license on the car, or whatever. If, in fact, the rationale of Mimms is to be conveyed to the passenger, the safety of the officer, it is equally apparent that the passenger would have had much... just as much access to the gun as Mr. Mimms would have had. Working 24/7, 100% Purchase In fact--Stephen G. Breyer: Everybody agrees with that. Security, Unique The individual may say, I wish to take a bus and go elsewhere. This Court referred it back, and since then agencies have had no problem examining those scenarios and coming up with situations just like agencies have since Sokolow in the profile cases. If Your Honor please, when there was a stop of the Mimms car or the Wilson car by virtue of physics both are seized, or both are detained, so there the driver and the passenger are identical. The best you should do is to give that discretion to administrative agencies. HAVEN’T FOUND ESSAY YOU WANT? --A substantial majority have ruled this way. ... Maryland v. Wilson (removing passenger from vehicle) v Michigan Dept. 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Service He's told to stay where he is, which is a very... at least analytically a different concept. But you have a lesser interest on the part of the driver in privacy or not being free from whatever you... whether it's searching... the driver... there's probable cause to believe that the driver has committed an offense, whereas there isn't any probable cause to believe that the passenger has committed offense, an offense, so the calculus, if it's a weighing process, the interests of the passenger would seem stronger than the interest of the driver. Once you're out of the... once you've complied with that request, you're free to leave, unless there's... there is some Terry suspicion. Well, but that's what we're here to decide--. But if the passenger chose to stay at the scene, the officer could say either, you stay in the car or you get out. In 1997, the United States Supreme Court held, in Maryland v.Wilson, that it is reasonable for officers to order passengers in a lawfully stopped automobile to exit the vehicle. FOR ONLY $13.90/PAGE, ← Arizonans for Official English v. Arizona, Arkansas v. Farm Credit Services of Central Arkansas →, Trinity Lutheran Church of Columbia, Inc. v. Pauley. When your client exited the car the contraband exited with him, right? Well, Justice Kennedy, that would happen now in Mimms, because without any discretion, or any guidelines, the officer now may in that case require someone to exit. Hi there, would you like to get such a paper? The Court also held that a protective sweep was meant to be a cursory one, and not an in-depth search of the premises that would require a specific warrant. The issues and holdings which appear in each brief are only the opinions of the compilers of the Case Briefs. Is that the closest case to support the proposition that the officer does have this authority to control the location? FOR ONLY $13.90/PAGE, ← Arizonans for Official English v. Arizona, Arkansas v. Farm Credit Services of Central Arkansas →, Trinity Lutheran Church of Columbia, Inc. v. Pauley. Security, Unique --Justice O'Connor, we would respectfully suggest that it's the Mimms decision that required the driver to exit not because in this case he was speeding, as was the probable cause, or not because there was a faulty tag, but because the Court concluded that there was potential danger, and so for the reason that they wanted... police safety was the reason Mimms got out of the car, not because there was--. Audio Transcription for Oral Argument - December 11, 1996 in Maryland v. Wilson J. Joseph Curran, Jr.:--I do understand, Justice O'Connor, there is a difference. I just... everybody agrees with that, but the question is the risk of abuse. --Well, that's the hypothesis I was talking about, too, because by giving that order the police officer is exercising control to tell the person where to be at that particular moment by getting out of the car where he would rather stay in, but that's not true of the bystander who can't approach the scene. Hi there, would you like to get such a paper? --And you're proposing a general automatic rule that passengers can always be required to exit at the demand of the officers. This risk justified the protective sweep. But there is no such suspicion on the part of the passenger, who was not driving the car, and I don't think Pennsylvania v. Mimms, which says yes, you can require the driver to step out and wait until the ticket is issued or a resolution is made on that question, but I'm just not sure what the authority is for detaining a passenger who is required to step out. Because the arrest in this case happened in the suspect’s home, the officer was put at even greater risk because of the possibility of an ambush. General Curran, you did say that it would only be to show his hands, that he could not be frisked. Well, how about getting identification of who the passenger is and where they could be reached if they're needed to be a witness? What we are suggesting, Your Honor, is, when you weigh out the interest of law enforcement and safety and you weigh out individual rights, you can't give standardless, unlimited discretion to individual officers. Hi there, would you like to get such a paper? It has said that even though you don't have anything individualized in that case, if you can draw us--. Academic Content. Obviously, the passenger is a witness to speeding, or making a wrong turn, or something like that. Audio Transcription for Oral Argument - December 11, 1996 in Maryland v. Wilson Anthony M. Kennedy: This right to control the site, what's your best citation from this Court giving you that authority, Michigan and Summers, or--J. Joseph Curran, Jr.: Well, Michigan and Summers, Justice Kennedy- … So once he shows his hands, then he can walk away and hail a cab?

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