Arizona v. Johnson
Citation and Court
555 U.S. 323 (2009) — Supreme Court of the United States
Facts
Officers stopped a vehicle for a vehicle-registration violation. While one officer questioned the driver about the registration, another officer spoke with Johnson, a passenger. She noticed Johnson was wearing a blue bandana and had gang-related tattoos. Based on her suspicion that he might be armed, she ordered him out of the car and patted him down, finding a gun. Johnson challenged the pat-down.
Issue
May an officer conduct a pat-down of a passenger in a lawfully stopped vehicle based on reasonable suspicion that the passenger is armed and dangerous, even absent suspicion of criminal activity by that passenger?
Holding
Yes; during a lawful traffic stop, officers may order passengers out of the vehicle and, if they reasonably suspect the passenger is armed and dangerous, may conduct a Terry pat-down of the passenger.
Rule / Doctrine
A passenger in a lawfully stopped vehicle is seized for the duration of the stop. If officers develop reasonable suspicion that the passenger is armed and dangerous, they may conduct a pat-down under Terry without needing to justify the pat-down on independent grounds related to the traffic violation itself.
Significance
Arizona v. Johnson extends the holdings of Pennsylvania v. Mimms (officer may order driver out) and Maryland v. Wilson (officer may order passenger out) by confirming that passengers may also be subjected to a Terry frisk if reasonable suspicion of dangerousness exists. It clarifies that traffic-stop authority extends to all occupants of the vehicle throughout the duration of the stop.