Under Affsprung v. state, you cannot question passengers of a vehicle unless you have what?

• A. The officer can question any passenger without suspicion
• B. A general hunch about the passenger
• C. Individualized suspicion that the passenger has or is violating the law
• D. A driver’s license check is sufficient

Answer: (C)

The important point is that questioning passengers in a stopped vehicle requires individualized suspicion that the specific passenger is involved in or about to commit a crime. This protects against arbitrary interrogation and seizures. A general hunch about the occupants or the vehicle isn’t enough to justify questioning a passenger. Relying on a driver’s license check focuses on the driver’s identity and vehicle compliance, not on the passenger’s potential criminal involvement, so it doesn’t provide a basis to interrogate the passenger. Without individualized suspicion, asking questions or detaining a passenger could run afoul of the Fourth Amendment.