Is there a greater risk to an officer from a traffic stop when there are passengers in the car?

California, United States of America


The following excerpt is from People v. Kak, C051777 (Cal. App. 10/30/2008), C051777 (Cal. App. 2008):

"[D]anger to an officer from a traffic stop is likely to be greater when there are passengers in addition to the driver in the stopped car." (Maryland v. Wilson (1997) 519 U.S. 408, 414 [137 L.Ed.2d 41, 48].) Also, the officers were investigating a serious crime in which several people were wounded by gunfire. They were entitled to protect themselves by pat searching the van occupants and handcuffing them for officer safety while the van was searched. There is no evidence that the search and detention were unduly long; indeed, the evidence indicates the officers discovered the shell casings soon after the search began.

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