OPINION OF THE COURT
ARIZONA V. JOHNSON
555 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 07-1122
ARIZONA, PETITIONER
v. LEMON MONTREA
JOHNSON
on writ of certiorari to the court of appeals of
arizona, division two
[January 26, 2009]
Justice Ginsburg delivered the
opinion of the Court.
This case concerns the authority
of police officers to “stop and frisk” a passenger in a motor
vehicle temporarily seized upon police detection of a traffic
infraction. In a pathmarking decision,
Terry v.
Ohio,
392 U. S. 1 (1968), the Court considered
whether an investigatory stop (temporary detention) and frisk
(patdown for weapons) may be conducted without violating the Fourth
Amendment’s ban on unreasonable searches and seizures. The Court
upheld “stop and frisk” as constitutionally permissible if two
conditions are met. First, the investigatory stop must be lawful.
That requirement is met in an on-the-street encounter,
Terry determined, when the police officer reasonably
suspects that the person apprehended is committing or has committed
a criminal offense. Second, to proceed from a stop to a frisk, the
police officer must reasonably suspect that the person stopped is
armed and dangerous.
For the duration of a traffic stop, we
recently confirmed, a police officer effectively seizes “everyone
in the vehicle,” the driver and all passengers.
Brendlin
v.
California,
551 U. S. 249, 255 (2007).
Accordingly, we hold that, in a traffic-stop setting, the first
Terry condition—a lawful investigatory stop—is met
whenever it is lawful for police to detain an automobile and its
occupants pending inquiry into a vehicular violation. The police
need not have, in addition, cause to believe any occupant of the
vehicle is involved in criminal activity. To justify a patdown of
the driver or a passenger during a traffic stop, however, just as
in the case of a pedestrian reasonably suspected of criminal
activity, the police must harbor reasonable suspicion that the
person subjected to the frisk is armed and dangerous.
I
On April 19, 2002, Officer Maria
Trevizo and Detectives Machado and Gittings, all members of
Arizona’s gang task force, were on patrol in Tucson near a
neighborhood associated with the Crips gang. At approximately 9
p.m., the officers pulled over an automobile after a license plate
check revealed that the vehicle’s registration had been suspended
for an insurance-related violation. Under Arizona law, the
violation for which the vehicle was stopped constituted a civil
infraction warranting a citation. At the time of the stop, the
vehicle had three occupants—the driver, a front-seat passenger, and
a passenger in the back seat, Lemon Montrea Johnson, the respondent
here. In making the stop the officers had no reason to suspect
anyone in the vehicle of criminal activity. See App. 29–30.
The three officers left their
patrol car and approached the stopped vehicle. Machado instructed
all of the occupants to keep their hands visible.
Id., at
14. He asked whether there were any weapons in the vehicle; all
responded no.
Id., at 15. Machado then directed the driver
to get out of the car. Gittings dealt with the front-seat
passenger, who stayed in the vehicle throughout the stop. See
id., at 31. While Machado was getting the driver’s license
and information about the vehicle’s registra- tion and insurance,
see
id., at 42–43, Trevizo attended to Johnson.
Trevizo noticed that, as the police
approached, Johnson looked back and kept his eyes on the officers.
Id., at 12. When she drew near, she observed that Johnson
was wearing clothing, including a blue bandana, that she considered
consistent with Crips membership.
Id., at 17. She also
noticed a scanner in Johnson’s jacket pocket, which “struck [her]
as highly unusual and cause [for] concern,” because “most people”
would not carry around a scanner that way “unless they’re going to
be involved in some kind of criminal activity or [are] going to try
to evade the police by listening to the scanner.”
Id., at
16. In response to Trevizo’s questions, Johnson provided his name
and date of birth but said he had no identification with him. He
volunteered that he was from Eloy, Arizona, a place Trevizo knew
was home to a Crips gang. Johnson further told Trevizo that he had
served time in prison for burglary and had been out for about a
year. 217 Ariz. 58, 60, 170 P. 3d 667, 669 (App. 2007).
Trevizo wanted to question Johnson away from
the front-seat passenger to gain “intelligence about the gang
[Johnson] might be in.” App. 19. For that reason, she asked him to
get out of the car.
Ibid. Johnson complied. Based on
Trevizo’s observations and Johnson’s answers to her questions while
he was still seated in the car, Trevizo suspected that “he might
have a weapon on him.”
Id., at 20. When he exited the
vehicle, she therefore “patted him down for officer safety.”
Ibid. During the patdown, Trevizo felt the butt of a gun
near Johnson’s waist. 217 Ariz., at 60, 170 P. 3d, at 669. At
that point Johnson began to struggle, and Trevizo placed him in
handcuffs.
Ibid.
Johnson was charged in state court with
,
inter alia, possession of a weapon by a prohibited possessor.
He moved to suppress the evidence as the fruit of an unlawful
search. The trial court denied the motion, concluding that the stop
was lawful and that Trevizo had cause to suspect Johnson was armed
and dangerous. See App. 74–78. A jury convicted Johnson of the
gun-possession charge. See 217 Ariz., at 60–61, 170 P. 3d, at
669–670.
A divided panel of the Arizona Court of
Appeals reversed Johnson’s conviction.
Id., at 59, 170
P. 3d, at 668. Recognizing that “Johnson was [lawfully] seized
when the officers stopped the car,”
id., at 62, 170
P. 3d, at 671, the court nevertheless concluded that prior to
the frisk the detention had “evolved into a separate, consensual
encounter stemming from an unrelated investigation by Trevizo of
Johnson’s possible gang affiliation,”
id., at 64, 170
P. 3d, at 673. Absent “reason to believe Johnson was involved
in criminal activity,” the Arizona appeals court held, Trevizo “had
no right to pat him down for weapons, even if she had reason to
suspect he was armed and dangerous.”
Ibid.
Judge Espinosa dissented. He found it “highly
unrealistic to conclude that merely because [Trevizo] was courteous
and Johnson cooperative, the ongoing and virtually simultaneous
chain of events [had] somehow ‘evolved into a consensual encounter’
in the few short moments involved.”
Id., at 66, 170
P. 3d, at 675. Throughout the episode, he stressed, Johnson
remained “seized as part of [a] valid traffic stop.”
Ibid.
Further, he maintained, Trevizo “had a reasonable basis to consider
[Johnson] dangerous,”
id., at 67, 170 P. 3d, at 676,
and could therefore ensure her own safety and that of others at the
scene by patting down Johnson for weapons.
The Arizona Supreme Court denied review. No.
CR–07–0290–PR, 2007 Ariz. LEXIS 154 (Nov. 29, 2007). We granted
certiorari, 554 U. S. ___ (2008), and now reverse the judgment of
the Arizona Court of Appeals.
II
A
We begin our consideration of the
constitutionality of Officer Trevizo’s patdown of Johnson by
looking back to the Court’s leading decision in
Terry v.
Ohio,
392 U. S. 1 (1968).
Terry
involved a stop for interrogation of men whose conduct had
attracted the attention of a patrolling police officer. The
officer’s observation led him reasonably to suspect that the men
were casing a jewelry shop in preparation for a robbery. He
conducted a patdown, which disclosed weapons concealed in the men’s
overcoat pockets. This Court upheld the lower courts’
determinations that the interrogation was warranted and the
patdown, permissible. See
id., at 8.
Terry established the
legitimacy of an investigatory stop “in situations where [the
police] may lack probable cause for an arrest.”
Id., at
24. When the stop is justified by suspicion (reasonably grounded,
but short of probable cause) that criminal activity is afoot, the
Court explained, the police officer must be positioned to act
instantly on reasonable suspicion that the persons temporarily
detained are armed and dangerous.
Ibid. Recognizing that a
limited search of outer clothing for weapons serves to protect both
the officer and the public, the Court held the patdown reasonable
under the Fourth Amendment.
Id., at 23–24, 27, 30–31.
“[M]ost traffic stops,” this Court has
observed, “resemble, in duration and atmosphere, the kind of brief
detention authorized in
Terry.”
Berkemer v.
McCarty,
468 U. S. 420, 439, n.
29 (1984). Furthermore, the Court has recognized that traffic stops
are “especially fraught with danger to police officers.”
Michigan v.
Long,
463 U. S. 1032, 1047
(1983). “ ‘The risk of harm to both the police and the
occupants [of a stopped vehicle] is minimized,’ ” we have
stressed, “ ‘if the officers routinely exercise unquestioned
command of the situation.’ ”
Maryland v.
Wilson,
519
U. S. 408, 414 (1997) (quoting
Michigan v.
Summers,
452 U. S. 692, 702–703
(1981)); see
Brendlin, 551 U. S., at 258. Three decisions
cumulatively portray
Terry’s application in a traffic-stop
setting:
Pennsylvania v.
Mimms,
434 U. S. 106 (1977)
(per curiam); Maryland v.
Wilson,
519
U. S. 408 (1997); and
Brendlin v.
California,
551 U. S. 249 (2007).
In
Mimms, the Court held that “once a
motor vehicle has been lawfully detained for a traffic violation,
the police officers may order the driver to get out of the vehicle
without violating the Fourth Amendment’s proscription of
unreasonable searches and seizures.” 434 U. S., at 111, n. 6.
The government’s “legitimate and weighty” interest in officer
safety, the Court said, outweighs the “
de minimis”
additional intrusion of requiring a driver, already lawfully
stopped, to exit the vehicle.
Id., at 110–111. Citing
Terry as controlling, the Court further held that a
driver, once outside the stopped vehicle, may be patted down for
weapons if the officer reasonably concludes that the driver “might
be armed and presently dangerous.” 434 U. S., at 112.
Wilson held that the
Mimms
rule applied to passengers as well as to drivers. Specifically, the
Court instructed that “an officer making a traffic stop may order
passengers to get out of the car pending completion of the stop.”
519 U. S., at 415. “[T]he same weighty interest in officer safety,”
the Court observed, “is present regardless of whether the occupant
of the stopped car is a driver or passenger.”
Id., at
413.
It is true, the Court acknowledged, that in a
lawful traffic stop, “[t]here 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.”
Ibid. On
the other hand, the Court emphasized, the risk of a violent
encounter in a traffic-stop setting “stems not from the ordinary
reaction of a motorist stopped for a speeding violation, but from
the fact that evidence of a more serious crime might be uncovered
during the stop.”
Id., at 414. “[T]he motivation of a
passenger to employ violence to prevent apprehension of such a
crime,” the Court stated, “is every bit as great as that of the
driver.”
Ibid. Moreover, the Court noted, “as a practical
matter, the passengers are already stopped by virtue of the stop of
the vehicle,”
id., at 413–414, so “the additional
intrusion on the passenger is minimal,”
id., at 415.
Completing the picture,
Brendlin held
that a passenger is seized, just as the driver is, “from the moment
[a car stopped by the police comes] to a halt on the side of the
road.” 551 U. S., at 263. A passenger therefore has standing to
challenge a stop’s constitutionality.
Id., at 256–259.
After
Wilson, but before
Brendlin, the Court had stated, in dictum, that officers
who conduct “routine traffic stop[s]” may “perform a ‘patdown’ of a
driver and any passengers upon reasonable suspicion that they may
be armed and dangerous.”
Knowles v.
Iowa,
525 U. S. 113,
117–118 (1998). That forecast, we now confirm, accurately captures
the combined thrust of the Court’s decisions in
Mimms,
Wilson, and
Brendlin.
B
The Arizona Court of Appeals
recognized that, initially, Johnson was lawfully detained incident
to the legitimate stop of the vehicle in which he was a passenger.
See 217 Ariz., at 64, 170 P. 3d, at 673. But, that court
concluded, once Officer Trevizo undertook to question Johnson on a
matter unrelated to the traffic stop,
i.e., Johnson’s gang
affiliation, patdown authority ceased to exist, absent reasonable
suspicion that Johnson had engaged, or was about to engage, in
criminal activity. See
id., at 65, 170 P. 3d, at 674.
In support of the Arizona court’s portrayal of Trevizo’s
interrogation of Johnson as “consensual,” Johnson emphasizes
Trevizo’s testimony at the suppression hearing. Responding to the
prosecutor’s questions, Trevizo affirmed her belief that Johnson
could have “refused to get out of the car” and “to turn around for
the pat down.” App. 41.
It is not clear why the
prosecutor, in opposing the suppression motion, sought to portray
the episode as consensual. Cf.
Florida v.
Bostick,
501 U. S. 429 (1991)
(holding that police officers’ search of a bus passenger’s luggage
can be based on consent). In any event, Trevizo also testified that
she never advised Johnson he did not have to answer her questions
or otherwise cooperate with her. See App
. 45. And during
cross-examination, Trevizo did not disagree when defense counsel
asked “in fact you weren’t seeking [Johnson’s] permission … ?”
Id., at 36. As the dissenting judge observed, “consensual”
is an “unrealistic” characterization of the Trevizo-Johnson
interaction. “[T]he encounter … took place within minutes of the
stop”; the patdown followed “within mere moments” of Johnson’s exit
from the vehicle; beyond genuine debate, the point at which Johnson
could have felt free to leave had not yet occurred. See 217 Ariz.,
at 66, 170 P. 3d, at 675.[
Footnote 1]
A lawful roadside stop begins when a vehicle
is pulled over for investigation of a traffic violation. The
temporary seizure of driver and passengers ordinarily continues,
and remains reasonable, for the duration of the stop. Normally, the
stop ends when the police have no further need to control the
scene, and inform the driver and passengers they are free to leave.
See
Brendlin, 551 U. S., at 258. An officer’s inquiries
into matters unrelated to the justification for the traffic stop,
this Court has made plain, do not convert the encounter into
something other than a lawful seizure, so long as those inquiries
do not measurably extend the duration of the stop. See
Muehler v.
Mena,
544 U. S. 93, 100–101
(2005).
In sum, as stated in
Brendlin, a
traffic stop of a car communicates to a reasonable passenger that
he or she is not free to terminate the encounter with the police
and move about at will. See 551 U. S., at 257. Nothing occurred in
this case that would have conveyed to Johnson that, prior to the
frisk, the traffic stop had ended or that he was otherwise free “to
depart without police permission.”
Ibid. Officer Trevizo
surely was not constitutionally required to give Johnson an
opportunity to depart the scene after he exited the vehicle without
first ensuring that, in so doing, she was not permitting a
dangerous person to get behind her.[
Footnote 2]
* * *
For the reasons stated, the
judgment of the Arizona Court of Appeals is reversed, and the case
is remanded for further proceedings not inconsistent with this
opinion.
It is so ordered.
Footnote 1
The Court of Appeals majority did not assert
that Johnson reasonably could have felt free to leave. Instead, the
court said “a reasonable person in Johnson’s position would have
felt free to remain in the vehicle.” 217 Ariz. 58, 64, 170
P. 3d 667, 673 (2007). That position, however, appears at odds
with our decision in
Maryland v.
Wilson,
519
U. S. 408 (1997). See
supra, at 6–7.
Footnote 2
The Arizona Court of Appeals assumed,
“without deciding, that Trevizo had reasonable suspicion that
Johnson was armed and dangerous.” 217 Ariz., at 64, 170 P. 3d,
at 673. We do not foreclose the appeals court’s consideration of
that issue on remand.
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