Pubdate: Sat, 01 Jul 2006
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2006 Appeal-Democrat
Contact:  http://www.appeal-democrat.com/
Details: http://www.mapinc.org/media/1343
Author: Rob Young, Appeal-Democrat
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

SUTTER JUDGE UPHELD

The state Supreme Court has upheld a decision by Sutter County Judge 
Chris Chandler in the case of a Yuba City man arrested in 2001 for 
methamphetamine offenses.

Chandler refused to suppress evidence against Bruce E. Brendlin and 
sentenced him to four years in prison.

Sutter County Assistant District Attorney Fred Schroeder said Friday 
that Brendlin was released long ago after serving about half the sentence.

Brendlin was a passenger in a car pulled over by a Sutter County 
Sheriff's Department Deputy Robert Brokenbrough, who was checking the 
validity of a registration permit taped to the back window.

According to court records, Brokenbrough suspected Brendlin was a 
wanted parolee and saw drug paraphernalia in the car. Brendlin 
remained in the car while Brokenbrough returned to his patrol car.

Brokenbrough asked for backup, then ordered Brendlin out of the car 
at gunpoint. Brendlin ended up pleading guilty to manufacturing 
methamphetamine but appealed to the 3rd District Court of Appeal on 
the grounds that the search violated his Fourth Amendment rights.

The appellate justices ruled in Brendlin's favor, saying that 
Brokenbrough stopped the car based only on a hunch and that Brendlin 
was improperly detained. The driver also was arrested on 
methamphetamine charges.

The Supreme Court overturned the appellate court decision on a 4-3 
vote. Brokenbrough did not detain Brendlin based on the traffic stop 
but on the basis of his suspicion that Brendlin was a parolee at 
large, the justices ruled.

"When a peace officer directs the driver of a vehicle to pull over 
for a traffic stop but, in effecting the stop, gives no indication 
that the passenger of the vehicle is the focus of the officer's 
investigation or show of authority, is the passenger subjected to a 
'seizure' within the meaning of the Fourth Amendment? This is a 
question that has divided courts inside and outside this state," the 
Supreme Court said.
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MAP posted-by: Beth Wehrman