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Traffic Stops & Passengers

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The transcript of oral argument in Brendlin v. California is now available. The question presented is whether a traffic stop of a vehicle amounts to a seizure of the passenger so that he has standing to challenge the legality of the stop. During petitioner's argument, it seemed that the case might be decided on a Wong Sun question of whether the evidence was so far removed from the alleged illegality that it would not be suppressed in any event. However, during the state's argument, the justices appeared to back off from that and return to the question presented. Orin Kerr has some first-hand observations at the Volokh Conspiracy.

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