Barby v. Cabot Petroleum Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that, during a routine traffic stop, an officer may request identification and registration
• recognizing that even when passenger lacks standing to challenge vehicle search, if initial investigative stop of vehicle is illegal, any items seized should be “excluded under the fruit of the poisonous tree doctrine” (internal quotation marks omitted)
• holding that if a sentencing court determines that an upward departure in criminal history category is warranted, it must consider the criminal history categories in order, stating why a category does not adequately represent defendant’s criminal history before considering a higher category
• stating that passengers in a car that was subject to a traffic stop had been seized within the meaning of the Fourth Amendment
• holding that defendant, though not the owner of a vehicle, had standing to challenge the search of the vehicle where he was the driver and no evidence in the record tended to show that he was illegitimately in possession of the vehicle
• during routine traffic stop, police may detain driver long enough to run a computer check to verify his entitlement to operate vehicle

Source: CourtListener parenthetical corpus (CC0).