Q: May an officer require the driver and passengers to remain in the car, solely for safety reasons and without any individual reasonable suspicion of criminal activity?Ī: Yes. 1990), upholding exit order on the basis that police had reasonable suspicion that person stopped was armed and dangerous) and State v. However, a handful of states have rejected the Mimms/Wilson rule on state constitutional grounds. Supreme Court has repeatedly and unequivocally held that officers may order the driver and any passengers to get out of the car until the traffic stop is over ( Maryland v.
Q: May an officer require the driver and passengers to get out of the car, solely for safety reasons and without any individual reasonable suspicion of criminal activity?Ī: Yes. 2016)) raises some of the most common questions raised about traffic stops and passengers.
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