Terry Pat-Down of Passenger OK Even When There is No Suspicion of Criminal Activity on Passenger's Part

A unanimous U.S. Supreme Court, per Judge Ginsburg, held today that the first prerequisite for a Terry frisk, i.e., a lawful investigative stop, "is met whenever it is lawful for police to detain an automobile and its occupants pending inquiry into a vehicular violation." The police do not need to have suspicion that any occupant in the vehicle is involved in criminal activity. Thus, if the second Terry requirement of "reasonable suspicion that the person subjected to the frisk is armed and dangerous" is present, a pat-down of that person is permitted, even if the person is only an occupant of the vehicle and not suspected of any wrongdoing.

Arizona v. Johnson, http://www.supremecourtus.gov/opinions/08pdf/07-1122.pdf