Colorado v. Bannister, 449 U.S. 1 (1980). · Go Syfert
Colorado v. Bannister, 449 U.S. 1 (1980). Cases Citing This Book View Copy Cite
699 citation events (195 in the last 25 years) across 83 distinct courts.
Strongest positive: United States v. Elmore (tned, 2010-05-20)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) United States v. Elmore (3×)
E.D. Tenn. · 2010 · signal: see · quote attribution · 3 verbatim quotes · confidence high
there can be no question that the stopping of a vehicle and the detention of its occupants constitute a 'seizure' within the meaning of the fourth amendment.
discussed Cited as authority (quoted) State v. Harris
Wis. · 1996 · quote attribution · 1 verbatim quote · confidence low
there can be no question that the stopping of a vehicle and the detention of its occupants constitute a 'seizure' within the meaning of the fourth amendment
examined Cited as authority (quoted) State v. Burciaga (3×)
N.M. Ct. App. · 1993 · signal: see · quote attribution · 3 verbatim quotes · confidence high
there can be no question that the stopping of a vehicle and the detention of its occupants constitute a 'seizure' within the meaning of the fourth amendment.
examined Cited as authority (quoted) Williamson v. United States (6×)
D.C. · 1992 · quote attribution · 6 verbatim quotes · confidence low
there can be no question that the stopping of a vehicle and the detention of its occupants constitute a 'seizure' within the meaning of the fourth amendment
examined Cited as authority (quoted) Adams v. Lindsey (3×)
S.D. Fla. · 1991 · signal: see · quote attribution · 3 verbatim quotes · confidence high
there can be no question that the stopping of a vehicle and the detention of its occupants constitute a 'seizure' within the meaning of the fourth amendment
discussed Cited as authority (rule) Bifelt v. McAfee
D. Alaska · 2025 · confidence medium
IV. 29 Colorado v. Bannister, 449 U.S. 1, 4, n. 3 (1980) (per curiam) (“There can be no question that the stopping of a vehicle and the detention of its occupants constitute a ‘seizure’ within the meaning of the Fourth Amendment.”). 30 Brendlin v. California, 551 U.S. 249, 249 (2007) (holding that when police make a traffic stop, a passenger in the car, like the driver, is seized for Fourth Amendment purposes and so may challenge the stop's constitutionality).
discussed Cited as authority (rule) Soto-Lopez v. Falke
D. Alaska · 2025 · confidence medium
Stopping an automobile and detaining its occupants constitutes a “seizure” within the meaning of the Fourth Amendment.40 However, if the facts demonstrate probable cause or reasonable suspicion to justify a traffic stop, the stop is lawful even if the officer made the stop only because he wished to investigate a more serious offense.41 Although Plaintiff claims he was “driving lawfully down the street,”42 the police report filed with the Complaint states Plaintiff was pulled over 40 Colorado v. Bannister, 449 U.S. 1, 4, n. 3 (1980) (per curiam) (“There can be no question that the sto…
cited Cited as authority (rule) Aguilera-Valdez v. Davenport
D. Colo. · 2022 · confidence medium
Colorado v. Bannister, 449 U.S. 1, 3 (1980).
discussed Cited as authority (rule) United States v. Spence
10th Cir. · 2021 · confidence medium
An officer must have “reasonable suspicion that this particular motorist violated any one of the multitude of applicable traffic and equipment regulations of the jurisdiction.” United States v. Botero- Ospina, 71 F.3d 783, 787 (10th Cir. 1995) (en banc) (quotations omitted). 2 The Fourth Amendment’s constitutional guarantees are “enforceable against the States through the Fourteenth [Amendment].” Colorado v. Bannister, 449 U.S. 1, 2 (1980) (per curiam). 5 “Although a mere ‘hunch’ does not create reasonable suspicion, the level of suspicion the standard requires is considerably …
discussed Cited as authority (rule) United States v. Morales
10th Cir. · 2020 · confidence medium
IV, and is “enforceable against the States through the Fourteenth [Amendment],” Colorado v. Bannister, 449 U.S. 1, 2 (1980) (per curiam). 6 An officer’s purpose during a traffic stop is “to address the traffic violation that warranted the stop and attend to related safety concerns.” United States v. Mayville, 955 F.3d 825, 830 (10th Cir. 2020) (quotations omitted).
discussed Cited as authority (rule) United States v. Orozco-Rivas
10th Cir. · 2020 · confidence medium
An officer must have “reasonable suspicion that this particular motorist violated any one of the multitude of applicable traffic and 4 As we explained in United States v. Santos, 403 F.3d 1120, 1125 (10th Cir. 2005), this is “a peculiar sort of de novo review” that “looks more like . . . double deference.” 5 The Fourth Amendment’s constitutional guarantees are “enforceable against the States through the Fourteenth [Amendment].” Colorado v. Bannister, 449 U.S. 1, 2 (1980) (per curiam). 8 equipment regulations of the jurisdiction.” United States v. Botero-Ospina, 71 F.3d 783, 7…
discussed Cited as authority (rule) Donahue v. Wihongi
10th Cir. · 2020 · confidence medium
Additional legal background Dr. Donahue’s claim requires us to apply the federal Fourth Amendment13 reasonable suspicion and probable cause standards to Officer Wihongi’s detention and arrest of Dr. Donahue for state law offenses.14 Below, we discuss (i) the Fourth Amendment’s reasonable suspicion standard for an investigative stop, (ii) the Fourth Amendment’s probable cause standard for a warrantless arrest, (iii) the circumstances in 13 The Fourth Amendment’s constitutional guarantees are “enforceable against the States through the Fourteenth [Amendment].” Colorado v. Bannister…
discussed Cited as authority (rule) Richard Cruz v. State
Tex. App. · 2015 · confidence medium
Dahlem, II v. State, 322 S.W.3d 685, 689 (Tex. App.—Fort Worth 2010, pet. ref’d) (citing Colorado v. Bannister, 449 U.S. 1, 4 (1980) (per curiam)). 2 The trial court specifically found that, without entering the car, Perdue smelled marijuana emanating from the car and saw marijuana inside the car.
cited Cited as authority (rule) Darnell Ramajita Adkins v. State
Tex. App. · 2014 · confidence medium
Dahlem II v. State, 322 S.W.3d 685, 689 (Tex. App.—Fort Worth 2010, pet. ref’d) (citing Colorado v. Bannister, 449 U.S. 1, 4 , 101 S. Ct. 42, 44 (1980) (per curiam)).
cited Cited as authority (rule) State v. Munoz
Idaho · 2010 · confidence medium
Colorado v. Bannister, 449 U.S. 1, 4 , 101 S.Ct. 42, 43-44 , 66 L.Ed.2d 1, 4 (1980).
discussed Cited as authority (rule) Brendlin v. California
SCOTUS · 2007 · confidence medium
See, e. g., Prouse, supra, at 653 (“[Shopping an automobile and detaining its occupants constitute a ‘seizure’ within the meaning of [the Fourth and Fourteenth] Amendments”); Colorado v. Bannister, 449 U. S. 1, 4, n. 3 (1980) (per curiam) (“There can be no question that the stopping of a vehicle and the detention of its occupants constitute a ‘seizure’ within the meaning of the Fourth Amendment”); Berkemer v. McCarty, *256 468 U. S. 420, 436-437 (1984) (“[W]e have long acknowledged that stopping an automobile and detaining its occupants constitute a seizure” (internal quota…
discussed Cited as authority (rule) People v. Lamont
Cal. Ct. App. · 2005 · confidence medium
Although the United States Supreme Court has not expressly held the passenger may challenge the validity of the stop, it has strongly hinted that a traffic stop of a vehicle constitutes a detention of all its occupants, including passengers. ( Berkemer v. McCarty (1984) 468 U.S. 420, 436 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 ["traffic stop significantly curtails the `freedom of action' of the driver and the passengers, if any, of the detained vehicle"]; Colorado v. Bannister (1980) 449 U.S. 1, 4 , 101 S.Ct. 42 , 66 L.Ed.2d 1, fn. 3 ["There can be no question that the stopping of a vehicle and the …
discussed Cited as authority (rule) State v. Pearson-Anderson (2×)
Idaho Ct. App. · 2001 · confidence medium
California v. Acevedo, 500 U.S. 565, 580 , 111 S.Ct. 1982, 1991 , 114 L.Ed.2d 619, 634 (1991); Colorado v. Bannister, 449 U.S. 1, 2-3 , 101 S.Ct. 42, 43 , 66 L.Ed.2d 1, 3-4 (1980); State v. Holton, 132 Idaho 501, 503-04 , 975 P.2d 789, 791-92 (1999); State v. Wiedenheft, 136 Idaho 14, 16 , 27 P.3d 873, 875 (Ct.App.2001); State v. Sutherland, 130 Idaho 472, 476 , 943 P.2d 62, 66 (Ct.App.1997).
discussed Cited as authority (rule) Holland Ex Rel. Overdorff v. Harrington
10th Cir. · 2001 · confidence medium
This constitutional guarantee is "enforceable against the States through the Fourteenth [Amendment]." Colorado v. Bannister, 449 U.S. 1, 2 (1980)) (per curiam); see also Mapp v. Ohio, 367 U.S. 643 (1961); Wolf v. Colorado, 338 U.S. 45 (1949). 9 One's freedom of movement is terminated "if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave,'" id. at 600 (Stevens, J., concurring in the judgment) (quoting United States v. Mendenhall, 446 U.S. 544 , 554 n. 6 (1980) (Stewart, J.)), and the police have applied physical for…
cited Cited as authority (rule) Whren v. United States
SCOTUS · 1996 · confidence medium
Id., at 4, n. 4 .
discussed Cited as authority (rule) People v. Bell
Cal. Ct. App. · 1996 · confidence medium
(Berkemer v. McCarty, supra, 468 U.S. at p. 436 [ 82 L.Ed.2d at p. 332 ] [traffic stop “significantly curtails the ‘freedom of action’ of the driver and the passengers, if any, of the detained vehicle”]; Colorado v. Bannister (1980) 449 U.S. 1, 4, fn. 3 [ 66 L.Ed.2d 1, 4 , 101 S.Ct. 42 ] [“There can be no question that the stopping of a vehicle and the detention of its occupants constitute a ‘seizure’ within the meaning of the Fourth Amendment.”]; Delaware v. Prouse (1979) 440 U.S. 648, 653 [ 59 L.Ed.2d 660, 667 , 99 S.Ct. 1391 ] [“stopping an automobile and detaining its occ…
discussed Cited as authority (rule) State v. Cunningham
Or. · 1994 · confidence medium
But `where the prosecution specifically relies on a prediction of future dangerousness in asking for the death penalty, ... the elemental due process requirement that a defendant not be sentenced to death "on the basis of information which he had no opportunity to deny or explain" [requires that the defendant be afforded an opportunity to introduce evidence on this point].' Skipper v. South Carolina, 476 *449 U.S. 1, 5, n. 1, 106 S.Ct. 1669, 1671, n. 1 , 90 L.Ed.2d 1 (1986), quoting Gardner v. Florida, 430 U.S. 349, 362 , 97 S.Ct. 1197, 1207 , 51 L.Ed.2d 393 (1977). * * *" Id. at ___, 114 S.Ct…
discussed Cited as authority (rule) United States v. Donald Wayne Young, Sr.
10th Cir. · 1992 · confidence medium
We find that the trial court correctly concluded that probable cause existed and denied the motion to suppress evidence. 6 General descriptions, either of a getaway car or of suspects, may support probable cause for warrantless arrests, Colorado v. Bannister, 449 U.S. 1, 4 (1980); United States v. Miller, 532 F.2d 1335, 1337 (10th Cir.), cert. denied, 429 U.S. 839 (1976), and may also give rise to reasonable suspicion for Terry stops, United States v. Ferreira, 821 F.2d 1, 4-5 (1st Cir.1987).
cited Cited as authority (rule) Hardin v. State
Tex. App. · 1991 · confidence medium
Colorado v. Bannister, 449 U.S. 1, 3-4 , 101 S.Ct. 42, 43 , 66 L.Ed.2d 1, 4 (1980) (per curiam).
discussed Cited as authority (rule) Livingston v. State (2×)
Md. · 1989 · confidence medium
Colorado v. Bannister, 449 U.S. 1, 3 , 101 S.Ct. 42, 43 , 66 L.Ed.2d 1, 4 (1980).
discussed Cited as authority (rule) Garza v. State
Tex. Crim. App. · 1989 · confidence medium
The Court, presented with this “stop” fact pattern similar to our own, said in Footnote 3: “there can be no question that the stopping of a vehicle and the detention of its occupants constitute a ‘seizure’ within the meaning of the Fourth Amendment.” Id., 449 U.S. at 2, n. 3 , 101 S.Ct. at 43 n. 3 This statement effectively contradicts the State’s misplaced reliance on I.N.S. v. Delgado, 466 U.S. 210 , 104 S.Ct. 1758 , 80 L.Ed.2d 247 (1984) and Florida v. Royer, supra, for the proposition that interrogation relating to a request for identification does not, by itself, constitute …
cited Cited as authority (rule) United States v. Gilley
S.D. Ga. · 1985 · confidence medium
Colorado v. Bannister, 449 U.S. 1, 2-3 , 101 S.Ct. 42, 42-43 , 66 L.Ed.2d 1, 3 (1980); United States v. Satterfield, 743 F.2d 827, 843 (11th Cir.1984).
examined Cited as authority (rule) Texas v. Brown (4×)
SCOTUS · 1983 · confidence medium
In Colorado v. Bannister, 449 U. S. 1, 3-4 (1980), we applied what was in substance the plain-view doctrine to an officer’s seizure of evidence from an automobile.
discussed Cited as authority (rule) State v. Bouchles (2×)
Me. · 1983 · signal: cf. · confidence medium
Chambers, 399 U.S. at 52 n. 10, 90 S.Ct. at 1981 n. 10, 26 L.Ed.2d at 429 n. 10. [3] Katz v. United States, 389 U.S. at 357 , 88 S.Ct. at 514 , 19 L.Ed.2d at 585 ; Stoner v. California, 376 U.S. 483, 486 , 84 S.Ct. 889, 891 , 11 L.Ed.2d 856, 859 (1964); Jones v. United States, 357 U.S. 493, 499 , 78 S.Ct. 1253, 1257 , 2 L.Ed.2d 1514, 1519 (1958); Niro v. United States, 388 F.2d 535, 540 (1st Cir.1968); State v. Dunlap, 395 A.2d 821, 824-25 (Me.1978); cf. Colorado v. Bannister, 449 U.S. 1, 2-4 , 101 S.Ct. 42, 42-44 , 66 L.Ed.2d 1, 3-4 (1980) (per curiam). [4] United States v. Jeffers, 342 U.S. …
discussed Cited as authority (rule) United States v. Williams (2×)
E.D. Tenn. · 1982 · confidence medium
If it was reasonable for them to believe such contents offended against the law, as they had an entirely legitimate reason to be in the position to see immediately outside and inside the car, Milcey v. Arizona (1978), 437 U.S. 385, 392-393 , 98 S.Ct. 2408, 2413 , 57 L.Ed.2d 290, 300 [6], [7], then they were provided with probable-cause, not only to apprehend Mr. Williams as then a person “ * * * known * * * ” to them, “ * * * upon [their] own view to be [presumptively] guilty * * * ” of violating the gaming-laws, T.C.A. § 39-2007, but they had probable-cause as well “ * * * to seize…
discussed Cited as authority (rule) Washington v. Chrisman (2×)
SCOTUS · 1982 · confidence medium
Id., at 4, n. 4 .
examined Cited "see" The State of Texas v. Erik Rodriguez (3×) also: Cited "see, e.g."
Tex. App. · 2024 · signal: see · confidence high
See id.
discussed Cited "see" Webb v. Franken
D. Neb. · 2021 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1, 2 (1980). 13 Department of Corrections, the County Commissioners are Johnson’s “employer,” and Johnson is their “subordinate.” (Filing 44 p. 18.) “It is well settled that § 1983 does not impose respondeat superior liability.” Hughes v. Stottlemyre, 454 F.3d 791 , 798 (8th Cir. 2006) (internal quotation marks omitted).
cited Cited "see" Webb v. Ricketts
D. Neb. · 2019 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1, 2 (1980). 6 Plaintiff similarly implies that a corrections officer may have placed a baggie in his pocket during a search at the jail.
discussed Cited "see" Patrick Glenn Sowells v. State (2×)
Tex. App. · 2015 · signal: see · confidence high
See Bannister, 449 U.S. at 4 ; Thomas, 458 U.S. at 261-62 .
discussed Cited "see" Marcus Wayne Barnes v. State (2×)
Tex. App. · 2014 · signal: see · confidence high
See Dahlem II, 322 S.W.3d at 689 (citing Bannister, 449 U.S. 1, 4 , 101 S.Ct. 42 ) (items in plain view in vehicle matching description of stolen items and occupants fitting description of suspects provided probable cause to arrest and seize incriminating items without a warrant).
examined Cited "see" Dahlem v. State (6×)
Tex. App. · 2010 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1, 4 , 101 S.Ct. 42, 44 , 66 L.Ed.2d 1 (1980).
discussed Cited "see" James Dahlem II v. State (2×)
Tex. App. · 2010 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1, 4 , 101 S. Ct. 42, 44 (1980).
discussed Cited "see" James Dahlem II v. State (2×)
Tex. App. · 2010 · signal: see · confidence high
See Colorado v. Bannister , 449 U.S. 1, 4 , 101 S. Ct. 42, 44 (1980).
examined Cited "see" United States v. Rhodes (3×)
5th Cir. · 2008 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1, 2-3 , 101 S.Ct. 42 , 66 L.Ed.2d 1 (1980).
cited Cited "see" James Lee Tilley v. State
Tex. App. · 2007 · signal: see · confidence high
Coolidge , 403 U.S. at 468-72; see Colorado v. Bannister , 449 U.S. 1, 3 (1980).
examined Cited "see" State of Tennessee v. Keith A. Otey (3×)
Tenn. Crim. App. · 2002 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1 , 4 n.3, 101 S. Ct. 42 , 44 n.3, 66 L.
cited Cited "see" United States v. West
10th Cir. · 2000 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1 (1980).
examined Cited "see" United States of America, -Appellee v. William G. West (3×)
10th Cir. · 2000 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1 , 101 S.Ct. 42 , 66 L.Ed.2d 1 (1980).
examined Cited "see" State v. Hollins (3×)
Ind. Ct. App. · 1996 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1 , 101 S.Ct. 42 , 66 L.Ed.2d 1 (1980); Avant, supra, at 76 ("Onee an officer properly stops a vehicle, merely looking through the vehicle to see that which is inside is not a search.") In this case, Officer Brinkman shined his flashlight 5 into *432 Hollins' car and observed a plastic bag wedged in the crack of the seat containing a white powder which he believed to be cocaine.
examined Cited "see" United States v. Anderson (3×)
D.D.C. · 1996 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1 , 101 S.Ct. 42 , 66 L.Ed.2d 1 (1980).
examined Cited "see" People v. McMillon (3×)
Colo. · 1995 · signal: see · confidence high
See People v. Edwards, 836 P.2d 468, 471 (Colo.1992) (citing Colorado v. Bannister, 449 U.S. 1 , 101 S.Ct. 42 , 66 L.Ed.2d 1 (1980)).
examined Cited "see" United States v. Hill (3×)
D. Kan. · 1993 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1, 4 , 101 S.Ct. 42, 43 , 66 L.Ed.2d 1 (1980).
examined Cited "see" Ungerer v. Moody (3×)
Colo. Ct. App. · 1993 · signal: see · confidence high
See Colorado v. Bannister, 449 U.S. 1 , 101 S.Ct. 42 , 66 L.Ed.2d 1 (1980) (fn. 3); Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968).
examined Cited "see" People v. Edwards (3×)
Colo. · 1992 · signal: see · confidence high
See People v. Meyer, 628 P.2d 103, 105 (Colo.1981) (quoting Colorado v. Bannister, 449 U.S. 1 , 101 S.Ct. 42 , 66 L.Ed.2d 1 (1980)).
Retrieving the full opinion text from the archive…
Per Curiam.

In the early morning of October 15, 1979, an officer of the Colorado Springs Police Department observed a blue 1967[*2] Pontiac GTO automobile moving along a road at a speed above the legal limit. Before the officer could pursue the vehicle, it disappeared from his sight. Shortly thereafter, the officer heard a police radio dispatch reporting that a theft of motor vehicle parts had occurred in the area he was patrolling in his car. The radio dispatch announced that a number of chrome lug nuts were among the items stolen, and provided a description of two suspects. A few minutes after hearing the report, the officer spotted the same automobile he had seen earlier, still speeding. He saw the car enter a service station, and followed it there for the purpose of issuing a traffic citation to its driver.

As the officer approached the car, both of its occupants, including the respondent, stepped out of it. A conversation between the officer and the respondent ensued, just outside the closed front door of the automobile. At this time, the officer observed chrome lug nuts in an open glove compartment located between the vehicle’s front bucket seats, as well as two lug wrenches on the floorboard of the back seat. These items were in plain view, illuminated by the lights of the service station. Recognizing that the respondent and his companion met the description of those suspected of stealing motor vehicle parts, the officer immediately arrested both of them. He then seized the lug nuts and wrenches.

Before the date scheduled for his trial on charges of stealing motor vehicle parts, the respondent moved to suppress the items that the arresting officer had seized. The trial court granted the motion, and its decision was affirmed by the Supreme Court of Colorado. [1] The State subsequently filed a petition for certiorari in this Court.

The provisions of the Fourth Amendment are enforceable against the States through the Fourteenth, and it is axiomatic that “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable[*3] under the Fourth Amendment — subject only to a few specifically established and well-delineated exceptions.” Katz v. United States, 389 U. S. 347, 357 (1967). One of these exceptions, recognized at least since Carroll v. United States, 267 U. S. 132 (1925), exists when an automobile or other vehicle is stopped and the police have probable cause to believe it contains evidence of a crime. See Arkansas v. Sanders, 442 U. S. 753, 760 (1979). Carroll upheld the legality of a search that was conducted immediately after a vehicle was stopped. Since Carroll, warrantless searches have been found permissible even when a car was searched after being seized and moved to a police station. Texas v. White, 423 U. S. 67 (1975); Chambers v. Maroney, 399 U. S. 42 (1970). In each of these latter cases, the search was constitutionally permissible because an immediate, on-the-scene search would have been permissible. Texas v. White, supra, at 68; Chambers v. Maroney, supra, at 52.

At issue in the present case is a seizure that occurred on the scene shortly after a speeding car was stopped. Thus, if there was probable cause “that the contents of the automobile offend against the law,” Carroll, supra, at 159, the warrantless seizure was permissible. [2]

Probable cause in this case is self-evident. Indeed, the Supreme Court of Colorado acknowledged that there was probable cause, but mistakenly concluded that a warrant was required to open the car door and seize the items within.

The officer could not stop the vehicle the first time he[*4] detected it speeding, but he accosted it at his next opportunity, when it entered the service station. His subsequent approach to the side of the automobile in order to issue a traffic citation to its driver was entirely legitimate. [3] Standing by the front door of the car, the officer happened to see items matching the description of some of those recently stolen in the vicinity, and observed that the occupants of the car met the description of those suspected of the crime. These circumstances provided not only probable cause to arrest, but also under Carroll and Chambers, probable cause to seize the incriminating items without a warrant. [4]

The petition for certiorari and the respondent’s motion for leave to proceed in forma pauperis are granted, the judgment of the Supreme Court of Colorado is vacated, and the ease is remanded to that court for proceedings not inconsistent with this opinion.

It is so ordered.

2

Another factor that contributes to the justification for the absence of a warrant in such a situation is that “the circumstances that furnish probable cause to search a particular auto for particular articles are most, often unforeseeable.” Chambers, 399 U. S., at 50-51. See also Cardwell v. Lewis, 417 U. S. 583, 595 (1974). This factor applies with particular force in this case. As the reason for the . stop was wholly unconnected with the reason for the subsequent seizure, it would be especially unreasonable to require a detour to a magistrate before the unanticipated evidence could be lawfully seized.

3

There can be no question that the stopping of a vehicle and the detention of its occupants constitute a “seizure” within the meaning of the Fourth Amendment. Delaware v. Prouse, 440 U. S. 648, 653 (1979); United States v. Martinez-Fuerte, 428 U. S. 543, 556-558 (1976); United States v. Brignoni-Ponce, 422 U. S. 873, 878 (1975).

4

The respondent does not dispute that the items seized were illuminated by the lights of the service station, or that they were in the plain view of the officer as he spoke to him beside the front door of the car. There was no evidence whatsoever that the officer’s presence to issue a traffic citation was a pretext to confirm any other previous suspicion about the occupants.