pageok
pageok
pageok
Brendlin v. California:
The Supreme Court has just handed down Brendlin v. California, the Fourth Amendment case I have blogged about a bunch of times on whether a passenger is "seized" when an officer pulls over the car for a traffic stop. I predicted a 9-0 win for the defendant back in January when cert was granted, and according to SCOTUSblog I was right: Lyle Denniston reports that the Court ruled unanimously in Brendlin's favor in a decision by Justice Souter. I'll add a link to the opinion and analysis of it when it becomes available.
anonVCfan:
6.18.2007 11:37am
tbaugh (mail):
"It will be for the state courts to consider in the first instance whether suppression turns on any other issue."

Remember, there was an arrest warrant out for Brendlin. A number of justices at argument appeared concerned that there should be no suppression because this broke the chain (i.e.,the arrest of Brendlin was proper based on the warrant). I think the above-quoted statement from the concluding paragraph of the opinion clearly indicates that the Court viewed this question as not before them, and the state court is now free to resolve it if it wishes (and whoever is aggrieved could again seek review).
6.18.2007 11:47am
OrinKerr:
tbaugh,

The state apellate court had resolved that question, People v. Brendlin, 8 Cal.Rptr.3d 882 (Cal. App. 2004) , and the California Supreme Court did not grant certiorari on it. It's an interesting but unclear question of California state procedure whether the state of California can now seek cert in the Caflironia Supreme Court a second time or whether it is bound by the state apellate court's decision. Does anyone know Californa appellate procedure well enough to know?
6.18.2007 11:59am