JUSTICE

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HIGH COURT SAYS PASSENGERS MAY QUESTION LEGALITY OF TRAFFIC STOPS

ROBERT BARNES, WASHINGTON POST - A unanimous Supreme Court ruled that
passengers in vehicles pulled over by the police have the same rights as
drivers to challenge the legality of the traffic stop when it results in
an arrest. The court said that passengers, like the driver, are "seized"
by police when the vehicle they are traveling in is stopped and are thus
covered by the Fourth Amendment and allowed to challenge unreasonable
searches and seizures.

In the specific case before the court, a California passenger named
Bruce Brendlin was charged with drug possession because of drug
paraphernalia found in the car in which he was traveling. He argued that
the discovery of the evidence was the result of an unconstitutional
seizure because police lacked probable cause to make the traffic stop.

But the California Supreme Court said Brendlin had no grounds to make
such a challenge because he had not been seized by the police and had
given tacit approval to the search by staying in the car rather than
leaving the scene.

The Supreme Court said that made no sense.

http://www.washingtonpost.com/wp-dyn/content/article/2007/06/18/
AR2007061800449.html?hpid=topnews

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HOUSTON POLICE TICKETING MOTORISTS FOR BRACKETS AROUND LICENSE PLATES

MATT STILES, HOUSTON CHRONICLE - Houston police officers continue
writing tickets to motorists with brackets bordering their license
plates despite a new law passed last month making it clear drivers
should be cited only if the plate is significantly obscured. Since
January, officers have issued at least 9,500 citations for what they
considered license plate obstructions — generally the brackets
advertising car dealers or touting sports and alumni loyalties.

Municipal court records also show that since May 4, when Gov. Rick Perry
signed a bill that clarified the existing law, at least 2,200 motorists
have been cited. The new law doesn't go into effect until September, but
the zeal with which tickets have been issued since Perry signed it has
angered some of the cited motorists and disappointed the two
Houston-area lawmakers who clarified the rules during the recent
legislative session.

"It was never the intention of the Legislature for people to be
receiving traffic citations for having license brackets," said state
Sen. Tommy Williams, R-The Woodlands, who sponsored the bill. "It's
clearly out of bounds for them to be issuing tickets now."

http://www.chron.com/disp/story.mpl/headline/metro/4896195.html

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