Bethea v. Commonwealth

Benton, J.,

with whom Koontz, C.J., and Barrow, J., join, dissenting.

The majority’s reliance on Pennsylvania v. Mimms, 434 U.S. 106 (1977), to support its contention that the Fourth Amendment allows a police officer to order a passenger from an automobile and detain the passenger during a routine traffic stop is misplaced. “[Ajbsent some articulable suspicion vis-a-vis the passenger, the Mimms rationale does not authorize removal of the passenger from the vehicle.” State v. Becker, 458 N.W.2d 604, 607 (Iowa 1990). See also Heller v. State, 576 So. 2d 398 (Fla. Dist. Ct. App. 1991); Johnson v.…