392 When Wilson exited the car, a quantity of crack cocaine fell to the ground. The restraint on the liberty of blameless passengers that the majority permits is, in contrast, entirely arbitrary. At about 7:30 p.m. on a June evening, Maryland state trooper David Hughes observed a passenger car driving southbound on 1-95 in Baltimore County at a speed of 64 miles per hour. C-04-CR-20-000180State of Maryland vs. Benjamin Caleb Trott Criminal Atty for: DF - Trott, Benjamin Cal * O'CONNELL, ALLISON Atty for: PL - State of Maryland * TORES, KYLE BRYANT Atty for: PL - State of Maryland * State's Attorney, C Mags: Yes Court Room 1 Chandlee, Mark S 9:00AM Conference - Pre-Trial C-04-CR-21-000027State of Maryland vs. CLAUDETTE … As Hughes approached the car on foot, the driver alighted and met him halfway. (1981), offers guidance by analogy here. As a leading case, this entry about Maryland v. Footnote 6 On the public interest side of the balance, we noted that the State "freely concede[d]" that there had been nothing unusual or suspicious to justify ordering Mimms out of the car, but that it was the officer's "practice to order all drivers [stopped in traffic stops] out of their vehicles as a matter of course" as a "precautionary measure" to protect the officer's safety. And, any benefit is extremely marginal. Though the State does not maintain a count of the number of stops performed each year, this figure is probably a fair rough proxy. This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Brendlin v. California. Federal Bureau of Investigation, Uniform Crime Reports: Law Enforcement Officers Killed and Assaulted 71, 33 (1994). for Cert. 24, 664 A. Nevertheless, the Mimms rule applies to passengers as well as to drivers. The Court correctly observes that "traffic stops may be dangerous encounters." Furthermore, any limited additional risk to police officers must be weighed against the unnecessary invasion that will be imposed on innocent citizens under the majority's rule in the tremendous number of routine stops that occur each day. No. Footnote 3 Hughes instructed him to return to the car and retrieve the rental documents, and he complied. The Court crafted Terry as a narrow exception to the general rule that "the police must, whenever practicable, obtain advance judicial approval of searches and seizures through the warrant procedure." In the overwhelming majority of cases posing a real threat, the officer would almost certainly have some ground to suspect danger that would justify ordering passengers out of the car. REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, SOUTER, THOMAS, GINSBURG, and BREYER, JJ., joined. [ We could discern no other, workable rule. In those cases, I firmly believe that the Fourth Amendment prohibits routine and arbitrary seizures of obviously innocent citizens. The majority's data aggregates assaults committed during "[t]raffic [p]ursuits and [s]tops." (1983), that "[i]n [Mimms], we held that police may order persons out of an automobile during a stop for a traffic violation," id., at 1047-1048 (emphasis added),and by Justice Powell's statement in Rakas v. Illinois, 422 ] Cf. The Maryland Court of Special Appeals affirmed, holding that the rule of Pennsylvania v. Mimms, 434 U. S. 106, that an officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle, does not apply to passengers. The State similarly fails to press the point here. Argued December 11, 1996-Decided February 19, 1997. On appeal, the Court of Special Appeals of Maryland affirmed, 106 Md. This service is provided by the Judiciary and the Maryland State Archives. Federal Bureau of Investigation, Uniform Crime Reports: Law Enforcement Officers Killed and Assaulted 71 (1994). We have long recognized that "[b]ecause of the extensive regulation of motor vehicles and traffic . The Circuit Court for Baltimore County agreed, and granted respondent's motion to suppress. In the 1970's, the Court twice rejected attempts to justify suspicionless seizures that caused only "modest" intrusions on the liberty of passengers in automobiles. There is no indication that thenumber of assaults was smaller in jurisdictions where officers may order passengers to exit the vehicle without any suspicion than in jurisdictions where they were then prohibited from doing so. He was arrested and charged with possession of cocaine with intent to distribute. ] Respondent argues that, because we have generally eschewed bright line rules in the Fourth Amendment context, see, e.g., Ohio v. Robinette, 519 U. S. ___ (1996), we should not here conclude that passengers may constitutionally be ordered out of lawfully stopped vehicles. 2d 342 (1995). 9 Cf. Opinion for Maryland v. Wilson, 519 U.S. 408, 117 S. Ct. 882, 137 L. Ed. We have long recognized that "[b]ecause of the extensive regulation of motor vehicles and traffic ... the extent of police-citizen contact involving automobiles will be substantially greater than police-citizen contact in a home or office." U.S. 873, 878 This principle can be accommodated even where officers must make immediate decisions to ensure their own safety. [ Hughes instructed him to return to the car and retrieve the rental documents, andhe complied. Assists: Rosenzweig, Livy (3); Wilson, Jillian (3); Lloyd, Holly (2); Beier, Emily (1); Wills, Emily (1); Kluegel, Elli (1); Fiedler, Sam (1) Stadium: Ridley Ath Complex Penalties: Gunn, Caitlyn 2nd/19:35; Warden, Rachel 2nd/12:33 Officials: Ericka Leslie; Janice McGrath; Mary Cellucci; Loyola Ath Comm Date: 3/14/2021 Score 1 2 Total Drexel 6 6 12 Loyola Maryland 10 7 17 Shots 1 2 Total … 434 U.S., at 108 US Life v. Wilson - 198 Md.App. Syllabus. 439 On the personal liberty side of the balance, the case for the passengers is in one sense stronger than that for the driver. Adherence to neutral principles is the very premise of the rule of law the police themselves defend with such courage and dedication. In this case we consider whether the rule of Pennsylvania v.Mimms, 434 U.S. 106 (1977), that a police officer may as a matter of course order the driver of a lawfully stopped car … The only way to avoid all risk to the officer, I suppose, would be to adopt a routine practice of always issuing an order through an amplified speaker commanding everyone to get out of the stopped car before the officer exposed himself to the possibility of a shot from a hidden weapon. -63 (1968))). Footnote 11 THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND vs. WILLIAM A. WILSON, ET AL. Should I go to University of Maryland Eastern Shore or Wilson College? It might also be said that if some jurisdictions use today's ruling to require passengers to exit as a matter of routine in every stop, citizen complaints and political intervention will call for an end to the practice. Id., at 109. The question in the case depended "upon a determination whether the officers had the authority to require him to re enter the house and to remain there while they conducted their search." Regrettably, traffic stops may be dangerous encounters. United States Supreme Court. ] See, e.g., Carroll v. United States, 267 U.S. 132, 149 (1925) (automobile search). 2d 1 (1995), ruling that Pennsylvania v. Mimms does not apply to passengers. Last Matchup. Notre Dame of Maryland University vs. Wilson College. Statement of the Facts: Maryland’s law, the Maryland DNA Collection Act, calls for obtaining a DNA sample from any person arrested for a serious crime. In addition, we observed that the danger to the officer of standing by the driver's door and in the path of oncoming traffic might also be "appreciable." As a leading case, this entry about Maryland v. Wilson tries to include facts, relevant legal issues, and the Court's decision and reasoning. 434 U. S., at 111. Assuming that many of the assaults were committed by passengers, we do not know how many occurred after the passenger got out of the vehicle, how many took place while the passenger remained in the vehicle, or indeed, whether any of them could have been prevented by an order commanding the passengers to exit. See Weeks, 232 U. S., at 392; see also J. Landynski, Search and Seizure and the Supreme Court 87 (1966). The issue is therefore not before us, and I am not free to concur in the Court's judgment on this alternate ground. The question in the case depended "upon a determination whether the officers had the authority to require him to re-enter the house and to remain there while they conducted their search." There is probable cause to believe that the driver has committed a minor vehicular offense, but there is no such reason to stop or detain the passengers. We think that our opinion in Michigan v. Summers, MARYLAND v. WILSON. In 1994 alone, there were 5,762 officer assaults and 11 officers killed during traffic pursuits and stops. Indeed, there is no indication that any of the assaults occurred when there was a complete absence of any articulable basis for concern about the officer's safety--the only condition under which I would hold that the Fourth Amendment prohibits an order commanding passengers to exit a vehicle. -123. See Weeks, 232 U. S., at 392; see also J. Landynski, Search and Seizure and the Supreme Court 87 (1966). The Official Site Of The Notre Dame Of Maryland University Gators. There the police had obtained a search warrant for contraband thought to be located in a residence, but when they arrived to execute the warrant they found Summers coming down the front steps. Byron L. Warnken, by appointment of the Court, 519 U. S. 804 (1996), argued the cause and filed a brief for respondent. Leffler, W. K., photographer. ] Maryland urges us to go further and hold that an officer may forcibly detain a passenger for the entire duration of the stop. [ In contrast, the potential daily burden on thousands of innocent citizens is obvious. U.S. 873, 878 U.S. 648, 662 Mimms, like Wilson, urged the suppression of the evidence on the ground that the officer's ordering him out of the car was an unreasonable seizure, and the Pennsylvania Supreme Court, like the Court of Special Appeals of Maryland, agreed. granted, 517 U. S. ___ (1996). Federal Bureau of Investigation, Uniform Crime Reports: Law Enforcement Officers Killed and Assaulted 71, 33 (1994). 1 The Maryland Court of Special Appeals held, inter alia, that the State had not properly preserved this claim during the suppression hearing. -1048 (Mimms "held that police may order persons out of an automobile during a [traffic] stop" (emphasis added)), and by Justice Powell in Rakas v. Illinois, 95-1268. If Maryland's share of the national total is about average, the State probably experiences about 100 officer assaults each year during traffic stops and pursuits. 12 Dissenting in Delaware v. Prouse, 440 U. S. 648 (1979), then-JusTIcE REHNQUIST characterized the motorist's interest in freedom from random stops as "only the most diaphanous of citizen interests." When Wilson exited, a quantity of cocaine fell to the ground. Today, however, the Court takes the unprecedented step of authorizing seizures that are unsupported by any individualized suspicion whatsoever. No. Ibid. Begin typing to search, use arrow keys to navigate, use enter to select. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash ington, D.C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. How far this ground breaking decision will take us, I do not venture to predict. 2JUSTICE STEVENS' dissenting opinion points out, post, at 416, that these statistics are not further broken down as to assaults by passengers and assaults by drivers. During the prohibition era, the exceptions for warrantless searches supported by probable cause started to replace the general rule. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. A police officer on solo patrol observed a car speeding on an interstate highway and pulled it over (although it is noteworthy that the vehicle continued for approximately 1-1/2 miles after the officer activated his lights and siren, before stopping). Respondent King was processed in 2009 following his arrest for first- and second-degree assault. The Court of Appeals of Maryland denied certiorari. 95-1268. App. The magnitude of the danger to police officers is reflected in the statistic that, in 1994 alone, "there were 5,762 officer assaults and 11 officers killed during traffic pursuits and stops." Annual Report of the Maryland Judiciary 80 (1994-1995). ] Justice Stevens' dissenting opinion points out, post, at 2-3, that these statistics are not further broken down as to assaults by passengers and assaults by drivers. UMES vs. Wilson College. All rights reserved. -19 (1968).". 64, September Term, 2019 WITNESS TAMPERING – OBSTRUCTION OF JUSTICE – SPOUSAL TESTIMONIAL PRIVILEGE – MERGER – Court of Appeals held that, where person married potential witness for State with intent to have witness invoke spousal testimonial Maryland v. Wilson is one of the leading United States Supreme Court decisions impacting law enforcement in the United States, and, in this regards, Maryland v. Wilson may be a case reference for attorneys and police officers. Maryland, in turn, argues that we have already implicitly decided this question by our statement in Michigan v. Long, In Maryland v. Wilson, the Supreme Court considered whether police officers can order a passenger out of a lawfully stopped vehicle under the Fourth Amendment, balancing the passenger’s liberty interest with the public interest in officer safety. Footnote 12 The intended scope of the Court's major departure from prior practice was reflected in its statement that the "demand for specificity in the information upon which police action is predicated is the central teaching of this Court's Fourth Amendment jurisprudence." The State Of Maryland Vs Wilson, Christopher A. (1969); Terry v. Ohio, Footnote 4 Please try again. App. Maryland v. Wilson , 117 S.Ct. 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