Arizona v. Johnson

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certiorari to the court of appeals of arizona No. 07–1122. Argued December 9, 2008—Decided January 26, 2009

In Terry v. Ohio, 392 U. S. 1, this Court held that a “stop and frisk” may be conducted without violating the Fourth Amendment’s ban on unrea­ sonable searches and seizures if two conditions are met. First, the in­ vestigatory stop (temporary detention) must be lawful, a requirement met in an on-the-street encounter when a police officer reasonably sus­ pects that the person apprehended is committing or has committed a crime. Second, to proceed from a stop to a frisk (patdown for weapons), the officer must reasonably suspect that the person stopped is armed and dangerous. For the duration of a traffic stop, the Court recently confirmed, a police officer effectively seizes “everyone in the vehi­ cle,” the driver and all passengers. Brendlin v. California, 551 U. S. 249, 255.

While patrolling near a Tucson neighborhood associated with the Crips gang, police officers serving on Arizona’s gang task force stopped an automobile for a vehicular infraction warranting a citation. At the time of the stop, the officers had no reason to suspect the car’s occupants of criminal activity. Officer Trevizo attended to respondent Johnson, the back-seat passenger, whose behavior and clothing caused Trevizo to question him. After learning that Johnson was from a town with a Crips gang and had been in prison, Trevizo asked him to get out of the car in order to question him further, out of the hearing of the front-seat passenger, about his gang affiliation. Because she suspected that he was armed, she patted him down for safety when he exited the car.

During the patdown, she felt the butt of a gun. At that point, Johnson began to struggle, and Trevizo handcuffed him. Johnson was charged with, inter alia, possession of a weapon by a prohibited possessor. The trial court denied his motion to suppress the evidence, concluding that the stop was lawful and that Trevizo had cause to suspect Johnson was armed and dangerous. Johnson was convicted. The Arizona Court of Appeals reversed. While recognizing that Johnson was lawfully seized, the court found that, prior to the frisk, the detention had evolved into a consensual conversation about his gang affiliation. Trevizo, the court therefore concluded, had no right to pat Johnson down even if she had reason to suspect he was armed and dangerous. The Arizona Supreme Court denied review.

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Held: Officer Trevizo’s patdown of Johnson did not violate the Fourth Amendment’s prohibition on unreasonable searches and seizures.

Pp. 330–334.

(a) Terry established that, in an investigatory stop based on reason­ ably grounded suspicion of criminal activity, the police must be posi­ tioned to act instantly if they have reasonable cause to suspect that the persons temporarily detained are armed and dangerous. 392 U. S., at 24. Because a limited search of outer clothing for weapons serves to protect both the officer and the public, a patdown is constitutional. Id., at 23–24, 27, 30–31. Traffic stops, which “resemble, in duration and atmosphere, the kind of brief detention authorized in Terry,” Berkemer

v. McCarty, 468 U. S. 420, 439, n. 29, are “especially fraught with danger

to police officers,” Michigan v. Long, 463 U. S. 1032, 1047, who may minimize the risk of harm by exercising “ ‘unquestioned command of the situation,’ ” Maryland v. Wilson, 519 U. S. 408, 414. Three decisions cumulatively portray Terry’s application in a traffic-stop setting. In Pennsylvania v. Mimms, 434 U. S. 106 (per curiam), the Court held that “once a motor vehicle has been lawfully detained for a traffic viola­ tion, the police officers may order the driver to get out of the vehicle without violating the Fourth Amendmen[t],” id., at 111, n. 6, because the government’s “legitimate and weighty” interest in officer safety out­ weighs the “de minimis” additional intrusion of requiring a driver, al­ ready lawfully stopped, to exit the vehicle, id., at 110–111. Citing Terry, the Court further held that a driver, once outside the stopped vehicle, may be patted down for weapons if the officer reasonably con­ cludes that the driver might be armed and dangerous. 434 U. S., at 112.

Wilson, 519 U. S., at 413, held that the Mimms rule applies to passen­ gers as well as drivers, based on “the same weighty interest in officer safety.” Brendlin, 551 U. S., at 263, 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.” A passenger’s motivation to use violence during the stop to prevent apprehension for a crime more grave than a traffic violation is just as great as that of the driver. 519

U. S., at 414. And as “the passengers are already stopped by virtue of

the stop of the vehicle,” id., at 413–414, “the additional intrusion on the passenger is minimal,” id., at 415. Pp. 330–332.

(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, but concluded that once Officer Trevizo began questioning him on a matter unrelated to the traffic stop, patdown au­ thority ceased to exist, absent reasonable suspicion that Johnson had engaged, or was about to engage, in criminal activity. The court por­ trayed the interrogation as consensual, and, Johnson emphasizes, Tre­

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vizo testified that Johnson could have refused to exit the vehicle and to submit to the patdown. But Trevizo also testified that she never ad­ vised Johnson he did not have to answer her questions or otherwise cooperate with her. A lawful roadside stop begins when a vehicle is pulled over for investigation of a traffic violation. The temporary sei­ zure of driver and passengers ordinarily continues, and remains reason­ able, 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. An officer’s inquiries into mat­ ters unrelated to the justification for the traffic stop do not convert the encounter into something other than a lawful seizure, so long as the inquiries do not measurably extend the stop’s duration. See Muehler

v. Mena, 544 U. S. 93, 100–101. A reasonable passenger would under­

stand that during the time a car is lawfully stopped, he or she is not free to terminate the encounter with the police and move about at will.

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.” Brendlin, 551 U. S., at 257.

Trevizo was not required by the Fourth Amendment to give Johnson an opportunity to depart without first ensuring that, in so doing, she was not permitting a dangerous person to get behind her. Pp. 332–334.

217 Ariz. 58, 170 P. 3d 667, reversed and remanded.

Ginsburg, J., delivered the opinion for a unanimous Court.

Joseph L. Parkhurst, Assistant Attorney General of Ari­ zona, argued the cause for petitioner. With him on the briefs were Terry Goddard, Attorney General, Mary R. O’Grady, Solicitor General, Kent E. Cattani, Chief Counsel, and Diane Leigh Hunt, Assistant Attorney General.

Toby J. Heytens argued the cause for the United States as amicus curiae urging reversal. With him on the brief were former Solicitor General Garre, Acting Assistant Attorney General Friedrich, and Deputy Solicitor General Dreeben.

Andrew J. Pincus argued the cause for respondent. With him on the brief were Charles Rothfeld, M. Edith Cunning­ ham, and Dan M. Kahan.*

*Briefs of amici curiae urging reversal were filed for the State of Illi­ nois et al. by Lisa Madigan, Attorney General of Illinois, Michael A. Sco­ dro, Solicitor General, and Jane Elinor Notz, Deputy Solicitor General,

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Opinion of the Court 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 pathmark­ ing decision, Terry v. Ohio, 392 U. S. 1 (1968), the Court con­ sidered 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 require­ ment 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 of­ fense. Second, to proceed from a stop to a frisk, the police

and by the Attorneys General for their respective States as follows: Troy King of Alabama, Dustin McDaniel of Arkansas, John W. Suthers of Colo­ rado, Joseph R. Biden III of Delaware, Bill McCollum of Florida, Mark

J. Bennett of Hawaii, Lawrence G. Wasden of Idaho, Steve Carter of Indi­

ana, Steve Six of Kansas, Jack Conway of Kentucky, G. Steven Rowe of Maine, Douglas F. Gansler of Maryland, Martha Coakley of Massachu­ setts, Michael A. Cox of Michigan, Lori Swanson of Minnesota, Mike Mc- Grath of Montana, Catherine Cortez Masto of Nevada, Kelly A. Ayotte of New Hampshire, Anne Milgram of New Jersey, Gary K. King of New Mexico, Roy Cooper of North Carolina, Nancy H. Rogers of Ohio, W. A.

Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Thomas W. Cor­ bett, Jr., of Pennsylvania, Patrick C. Lynch of Rhode Island, Lawrence E.

Long of South Dakota, Robert E. Cooper, Jr., of Tennessee, Greg Abbott of Texas, Mark L. Shurtleff of Utah, William H. Sorrell of Vermont, Rob­ ert F. McDonnell of Virginia, Robert M. McKenna of Washington, J. B.

Van Hollen of Wisconsin, and Bruce A. Salzburg of Wyoming; for Ameri­ cans for Effective Law Enforcement, Inc., et al. by Wayne W. Schmidt, James P. Manak, Richard Weintraub, Michael E. McNeff, Eric B. Ed­ wards, and Bernard J. Farber; for the Criminal Justice Legal Foundation by Kent S. Scheidegger; and for the National League of Cities et al. by Richard Ruda.

Meir Feder, Donald B. Ayer, and Samuel Estreicher filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance.

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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 vehicu­ lar 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 pedes­ trian reasonably suspected of criminal activity, the police must harbor reasonable suspicion that the person subjected to the frisk is armed and dangerous.

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 associ­ ated with the Crips gang. At approximately 9 p.m., the of­ ficers 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.

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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 informa­ tion about the vehicle’s registration 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 con­ sistent with Crips membership. Id., at 17. She also no­ ticed 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 ques­ tions, 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 ques­ tions 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.

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Johnson was charged in state court with, inter alia, pos­ session 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 con­ victed 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. Recog­ nizing that “Johnson was [lawfully] seized when the officers stopped the car,” id., at 62, 170 P. 3d, at 671, the court never­ theless 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 pos­ sible 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. 916 (2008), and now reverse the judgment of the Arizona Court of Appeals.

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We begin our consideration of the constitutionality of Of­ ficer 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 rob­ bery. 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 suspi­ cion (reasonably grounded, but short of probable cause) that criminal activity is afoot, the Court explained, the police of­ ficer must be positioned to act instantly on reasonable suspi­ cion 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 au­ thorized 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 po­ lice 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 sit­ uation.’ ” Maryland v. Wilson, 519 U. S. 408, 414 (1997) (quoting Michigan v. Summers, 452 U. S. 692, 702–703

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(1981)); see Brendlin, 551 U. S., at 258. Three decisions cu­ mulatively portray Terry’s application in a traffic-stop set­ ting: 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 offi­ cers may order the driver to get out of the vehicle without violating the Fourth Amendment’s proscription of unreason­ able 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 control­ ling, the Court further held that a driver, once outside the stopped vehicle, may be patted down for weapons if the offi­ cer 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 occu­ pant 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 en­ counter 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

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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 chal­

lenge 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 dan­ gerous.” Knowles v. Iowa, 525 U. S. 113, 117–118 (1998).

That forecast, we now confirm, accurately captures the com­ bined thrust of the Court’s decisions in Mimms, Wilson, and Brendlin.

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 testi­ mony at the suppression hearing. Responding to the prose­ cutor’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 suppres­ sion motion, sought to portray the episode as consensual.

Cf. Florida v. Bostick, 501 U. S. 429 (1991) (holding that po­

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lice 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 ques­ tions or otherwise cooperate with her. See App. 45. And during cross-examination, Trevizo did not disagree when de­ fense counsel asked “in fact, you weren’t seeking [Johnson’s] permission . . . ?” Id., at 36. As the dissenting judge ob­ served, “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 675.1

A lawful roadside stop begins when a vehicle is pulled over for investigation of a traffic violation. The temporary sei­ zure of driver and passengers ordinarily continues, and re­ mains 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 com­ municates 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

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 331–332.

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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.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.

2 The Arizona Court of Appeals assumed, “without deciding, that Tre­ vizo 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.