State v. Byrd

— A vehicle stop, whether pretextual or not, and no matter how brief, is a “seizure” for purposes of constitutional analysis regarding the validity of the stop. *261This “seizure” applies to the driver as well as the passengers of the vehicle, who may both contest the validity of the vehicle stop. Furthermore, where a defendant, as does Michael Byrd here, contests the validity of a stop and where, as here, the State appropriately concedes the stop is invalid, the evidence obtained from Byrd, a passenger, as a result of the stop must be excluded.

FACTS

On November 25, 1999, at approximately 5:10…