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Discussion Questions - Brendlin v. California

Use the discussion questions to help formulate your opinion on the case.

  1. If you were a passenger in a friend's car when it was stopped by police, and you were carrying an illegal substance, would you be free to leave the car?
  2. Could you challenge the legality of the stop?
  3. What would happen if your attorney moved to keep the substance out of evidence claiming that, as a passenger, you were not legally "seized" under the Fourth Amendment - only the driver was?
  4. Three levels of the state court system in California decided the case differently. How would you decide?