Also known as: passengers
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A person other than the driver present in a vehicle during a traffic stop or arrest. The person is seized for Fourth Amendment purposes and therefore may challenge the stop's legality. Officers may order the person from the vehicle for safety and may search the passenger compartment incident to arrest when the arrestee remains unsecured or evidence of the offense is reasonably believed to be inside.
A person other than the driver present in a vehicle during a traffic stop or arrest. The person is seized for Fourth Amendment purposes and therefore may challenge the stop's legality. Officers may order the person from the vehicle for safety and may search the passenger compartment incident to arrest when the arrestee remains unsecured or evidence of the offense is reasonably believed to be inside.
Select any source to read its text and confirm it supports the definition.
A person to whom a common carrier owes a duty to take reasonable action to protect against unreasonable risk of physical harm and to give first aid after the carrier knows or has reason to know the person is ill or injured.
Select any source to read its text and confirm it supports the definition.
A person to whom a common carrier owes a duty to take reasonable action to protect against unreasonable risk of physical harm and to give first aid after the carrier knows or has reason to know the person is ill or injured.
Each sense below has its own examples, sources, and questions.
Patrick Phan sat in the front passenger seat when officers arrested the driver for an outstanding warrant. Officers handcuffed and placed the driver in a patrol car before searching the passenger compartment and finding a firearm. Because the arrestee was secured and no evidence of the arrest offense was expected in the vehicle, the search violated the Fourth Amendment and the firearm was suppressed.
Paige Porter rode in the back seat when officers pulled the car over for a broken taillight. She moved to suppress cocaine found in her purse after the stop. Because a reasonable passenger would not feel free to leave, she was seized and possessed standing to contest the stop's constitutionality.
Philip Powell occupied the front passenger seat when officers found cocaine and cash in the center console. No occupant claimed ownership. Officers therefore possessed probable cause to arrest Powell for joint constructive possession of the contraband.
Peter Park sat in the passenger seat during a lawful traffic stop for speeding. The officer ordered him to exit the vehicle without any suspicion that Park was armed. The order was permissible to protect officer safety even absent individualized suspicion directed at the passenger.
Paul Peterson parked and exited his car moments before officers arrested him on an outstanding warrant. Officers then searched the passenger compartment and discovered a weapon. The search was valid incident to arrest because Peterson was a recent occupant of the vehicle.
Yes. When police stop a vehicle both the driver and any passengers are seized for Fourth Amendment purposes. A reasonable passenger would not feel free to leave without permission and therefore may move to suppress evidence obtained as a result of an unlawful stop.
Supporting sources
Officers may search only if the arrestee remains unsecured and within reaching distance of the compartment or if it is reasonable to believe the vehicle contains evidence of the offense of arrest. A search is invalid once the arrestee is secured and no evidentiary basis exists.
Supporting sources
Yes. During a lawful traffic stop officers may order passengers out of the vehicle for officer safety even without individualized suspicion that the passengers are dangerous.
Supporting sources
Phuong Pham boarded a city bus feeling faint from medication. The driver noticed her condition yet continued the route without stopping or summoning help. When she collapsed and struck her head, the carrier's failure to provide reasonable first aid exposed it to liability for breach of the duty owed to passengers.
A common carrier must take reasonable action to protect passengers against unreasonable risk of physical harm and must give first aid once it knows or has reason to know a passenger is ill or injured.
Supporting sources
…is restricted to single family dwellings, public parks, water towers and reservoirs, suburban and interurban electric railway passenger stations and rights of way, and farming, non-commercial greenhouse nurseries and truck gardening; U-2 is extended to include two-family dwellings; U-3 is further extended to include…