CO: Traffic stop alone isn’t a seizure of the passenger under Brendlin unless more happens

“Brendlin v. California, 551 U.S. 249, 263, 127 S. Ct. 2400, 168 L. Ed. 2d 132 (2007), abrogated only the holding in People v. Fines, 127 P.3d 79, 81 (Colo. 2006), that passengers in a lawfully stopped vehicle are not seized for Fourth Amendment purposes as a result of the traffic stop alone. The [court] also concludes, however, that Brendlin did not further abrogate Fines. Thus, it is still good law that there may be instances when an officer effects a Fourth Amendment seizure beyond the initial traffic stop by separating a passenger from the car and the car’s other occupants and questioning the passenger about matters unrelated to the traffic stop.” (Syllabus by the court) Here, defendant was moved slightly away from the others, but not more then 5-10′. She would believe that she had no choice but to follow directions, but it wasn’t a secondary seizure. People v. Harmon, 2019 COA 156, 2019 Colo. App. LEXIS 1585 (Oct. 17, 2019).

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