/ November 26, 2008

Question Presented: May an officer pat down a passenger in a routine traffic stop?

On December 9, 2008, the Supreme Court will hear arguments in Arizona v. Johnson – the case about whether an articulable suspicion is enough to allow a police officer to pat down a passanger.  The Petitioner will argue that, under Terry, pat downs are reasonable whenever an officer lawfully seizes a person and has a resonable belief that the person is dangerous, the officer may pat that person down .  The defense will respond that Terry requires both reasonable suspicion of criminal activity and resonable suspicion of a threat to safety for a valid protective search.

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