Filed 6/29/06 (This opn. should precede companion case of P. v. Saunders, also filed 6/29/06.)
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S123133
v. )
) Ct.App. 3 C040754
BRUCE EDWARD BRENDLIN, )
) Sacramento County
Defendant and Appellant. ) Super. Ct. No. CRF012703
__________________________________ )
When a peace officer directs the driver of a vehicle to pull over for a traffic stop but, in effecting the stop, gives no indication that the passenger of the vehicle is the focus of the officer's investigation or show of authority, is the passenger subjected to a â€
Description
When A peace officer directs A driver of A vehicle to pull over for a traffic stop without any indication that passenger of vehicle is subject of officer's investigation or show of authority. Passenger who is stopped as cause of a practical matter is not seized as a constitutional matter in absence of additional circumstances that would indicate to a reasonable person that he or she was subject of the peace officer's investigation or show of authority. Wherein stopping a vehicle officer directed flashing lights at the driver and not at the passenger. The officer was not aware a passenger was in car prior to the stop. The officer approached stopped vehicle on driver's side without blocking passenger's exit, brandishing a weapon at him, or making intimidating movements toward him. The passenger was not seized by officer when driver submitted to officer's show of authority and the officer then brought the vehicle to a stop.
