When police stop a car at a residential property, can the vehicle's occupants leave the vehicle?

California, United States of America


The following excerpt is from People v. Zapien, H039878 (Cal. App. 2014):

the vehicle's occupants were not free to leave. (See California v. Hodari D. (1991) 499 U.S. 621, 628.) The vehicle driver remained in the car after stopping in the driveway, consistent with a submission to the show of police authority. (See Brendlin, supra, 551 U.S. at p. 255 ["passive acquiescence" can show that a seizure occurred in response to a show of authority if " 'in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave' "].) Moreover, defendant himself submitted to that show of authority. Although he exited the vehicle and looked around, he remained standing in the passenger doorway after seeing the police, instead of proceeding to a further destination.

Other Questions


What evidence supports the inference that a defendant or his companion knew the vehicle contained police officers until the vehicle was identified as a police vehicle? (California, United States of America)
What is the test for detention of a vehicle under section 26708 of the California Vehicle Code when a police officer stopped a motor vehicle with hanging beads attached to the driver's windshield? (California, United States of America)
Does a police officer who stops a vehicle for a violation of the Vehicle Code, order the driver and any passengers to step out of the vehicle "pending completion of the stop"? (California, United States of America)
Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
Does a court order that a vehicle impounded by a police force must be released from the impounded vehicle and returned to the owner's vehicle? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Is a defendant's sentence for unlawfully taking or driving a vehicle in count 5 of the California Vehicle Accused Robbery and Vehicle Theft Act stayed? (California, United States of America)
Can a police officer conduct a search of a vehicle even after the vehicle has been impounded? (California, United States of America)
In what circumstances will police obtain a search warrant for a vehicle that has been impounded and found a murder weapon in the vehicle? (California, United States of America)
What is reasonable cuase for a police officer to stop to question the occupants of a vehicle in the middle of the night? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.