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Criminal Procedure Keyed to Ohlin
Brendlin v. California
Citation:551 U.S. 249 (2007)
Early in the morning of November 27, 2001, Deputy Sheriff Robert Brokenbrough and his partner saw a parked Buick with expired registration tags. Brokenbrough asked the driver for her license and saw a passenger in the front seat, whom he recognized as one of the Brendlin brothers. He recalled that one of the Brendlin brothers had dropped out of parole supervision and asked Brendlin to identify himself. While he was in the patrol car, Brokenbrough saw Brendlin briefly open and then close the passenger door. Brokenbrough went to the passenger side, ordered him out of the car, and declared him under arrest. He found an orange syringe cap on his person and other things used to produce methamphetamine in the passenger seat. Brendlin was charged with possession and manufacture of methamphetamine, and he moved to suppress the evidence obtained in the searches of his person and the car as fruits of an unconstitutional seizure.
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