Arizona v. Johnson (2008)

Docket
07-1122
Decided
2008-01-01

Summary

Question: Do officers violate the Fourth Amendment's protection against unreasonable searches and seizures when, after making a routine traffic stop, they search an individual who is consensually conversing with those officers? Conclusion: No. In a unanimous opinion written by Justice Ruth Bader Ginsburg, the Supreme Court reversed the Arizona Court of Appeals. It held that Mr. Johnson's encounter with police officers was not consensual and therefore did not violate his Fourth Amendment protection against unreasonable search and seizure. The Court reasoned that lawful traffic stops entail the "temporary seizure of driver and passengers" that continues for the duration of the stop. Officer inquiries into matters unrelated to the stop do not transform the event into a "consensual" encounter whereby the driver or passenger is free to go as he or she pleases. Therefore, the police officers who frisked Mr. Johnson were not constitutionally required to depart the scene without first ensuring that he was not armed and dangerous, so long as they reasonably suspected he was armed and dangerous.

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