July 3, 2025
Background: Traffic Stop Leads to Hour-Long Detention and K-9 Search
In State v. Pettit, a routine traffic stop in Texas escalated into an hour-long detention culminating in a K-9 drug dog search. The stop began over a minor speeding infraction (51 in a 45 mph zone), but the situation expanded when passenger Justin Heath Pettit was questioned, detained, and ultimately arrested after a K-9 alerted to the vehicle.
Pettit’s attorney filed a motion to suppress the evidence based on the Fourth Amendment, arguing that the extended stop violated Rodriguez v. United States. The trial court agreed and excluded all evidence. The State appealed, arguing Pettit lacked standing as a passenger. An intermediate court reversed the suppression, but Pettit petitioned for higher review.
The Court’s Decision: Passengers Can Contest Unlawful Traffic Stop Delays
In May 2025, the Texas Court of Criminal Appeals ruled unanimously in Pettit’s favor. The court held that passengers do have standing to challenge prolonged stops and any evidence obtained as a result.
Relying on Brendlin v. California (2007) and Rodriguez v. United States (2015), the court explained that passengers are “seized” the moment a vehicle is pulled over, and therefore have a personal Fourth Amendment interest in avoiding unreasonable delays.
Legal Basis: Why Passengers Have Fourth Amendment Standing
- Brendlin v. California: Passengers are seized during a stop and can challenge its validity.
- Rodriguez v. United States: Police cannot prolong a traffic stop for unrelated investigations without reasonable suspicion.
- Kothe v. State (Tex. Crim. App. 2004): Even passengers have a right not to be detained longer than necessary.
The court emphasized that passenger rights matter independently of the driver’s and that any evidence found during a stop prolonged without justification could be suppressed as “fruit of the poisonous tree.”
What the Pettit Ruling Means in Practice
After Pettit, passengers in Texas now clearly have the right to challenge:
- The legality of the initial traffic stop
- Any prolonged detention without reasonable suspicion
- Subsequent vehicle searches resulting from that delay
If the delay wasn’t justified, all evidence—drugs, weapons, etc.—can be excluded from trial.
Implications for Texans Facing Vehicle Stop Charges
This ruling is especially important for passengers arrested after prolonged stops involving K-9 searches, weapons, or drug-related offenses. It ensures:
- Police cannot dismiss passenger rights
- Passengers have grounds to suppress unlawfully obtained evidence
- Prosecutors can’t use “lack of ownership” as an excuse to deny constitutional protections
Example: How This Applies to Your Case
Suppose you’re riding in someone’s car, and police pull you over for a broken taillight. They issue a warning but then keep you there 30+ minutes waiting for a K-9 with no reasonable suspicion. If incriminating evidence is found, State v. Pettit allows you—as a passenger—to challenge the entire detention and seek suppression of the evidence.
Key Questions to Ask After a Traffic Stop Arrest
With your attorney, consider:
- Was the traffic stop lawful?
- Was the detention longer than necessary for the traffic purpose?
- Were you told you were free to leave?
- Was a K-9 unit called without specific suspicion?
- Did you consent to any searches—or were your rights ignored?
If the stop lasted too long without cause, your Fourth Amendment rights may have been violated.
Know Your Fourth Amendment Rights During Traffic Stops
Here are essential rights for both drivers and passengers in Texas:
- You have the right to remain silent – beyond providing ID, you don’t have to answer questions.
- Passengers can ask, “Am I free to leave?” – if the answer is no, you are being detained.
- Police may not prolong a stop without cause – fishing expeditions require reasonable suspicion.
- You can refuse searches – if you don’t consent, they need a warrant or strong legal basis.
- Unlawful stops or searches can be challenged in court – evidence may be thrown out if your rights were violated.
Protect Your Rights – Contact a Criminal Defense Lawyer in Texas
An unlawful traffic stop or search can lead to serious criminal charges, but State v. Pettit shows that courts will uphold your constitutional rights.
If you were a passenger arrested after a prolonged stop or search, you may be able to suppress the evidence and get your case dismissed. The Napier Law Firm is experienced in challenging these tactics and protecting Texans’ rights in court.
Schedule a Free Consultation Today
Don’t wait. Contact The Napier Law Firm to review your case, challenge any unlawful police conduct, and start building a strong defense. Your freedom is worth fighting for—and now, the law is on your side.