There’s 1 time you can refuse to exit your car during a traffic stop
Being asked to exit your car during a police traffic stop is unsettling, but did you know there’s one situation where refusal is allowed? Attorney Andrew Flusche explains that while police usually have the legal authority to order you out, the phrasing of their request could make all the difference.
Under the Supreme Court ruling Pennsylvania v. Mimms, officers can order you to exit your car during a lawful traffic stop without violating your Fourth Amendment rights. The Court justified this as a “minimal further intrusion” necessary for officer safety. But here’s the nuance:
If the officer says, “Would you mind stepping out of the vehicle?” that’s a request, not a command. Flusche emphasizes, “You can politely say, ‘No, thank you.’” In this scenario, declining is within your rights because it wasn’t phrased as an order.
Why You Should Almost Always Comply
When an officer issues a direct command—such as, “Please step out of the vehicle” during a traffic stop—refusal to exit your car can lead to legal trouble. Non-compliance might result in charges like obstruction of justice or unnecessary escalation. Flusche notes that an officer will typically clarify if it’s an order, leaving little room for doubt.
Even if stepping out feels unfair, compliance is often the safer choice. Officers may ask you to exit to check for impairment, conduct a canine search, or separate you from passengers for questioning. Flusche explains, “Simply exiting the vehicle is a little mini field sobriety test all by itself. Did you use the door for balance? Were you steady on your feet?”
When drivers refuse a request, it’s often tied to declining a search. For example, a police officer might say, “Would you mind stepping out of the vehicle and letting me take a look around?” A common response: “I don’t consent to any searches.” Knowing this distinction can help you assert your rights appropriately.
When Refusing Backfires
Refusing an order is a gamble that rarely pays off. Take the case of a Virginia driver in 2019: He refused multiple orders to exit during a stop for an expired inspection sticker. After a trooper forcibly removed him, the driver faced obstruction charges but later won a $20,000 civil rights settlement. The trooper was fired for unprofessional conduct, highlighting how quickly a situation can spiral.
Even so, refusing a direct order can lead to violence or legal headaches. Flusche warns, “A recording of the encounter can be vital evidence,” so using a dashcam during traffic stops is a smart precaution.
The safest approach? Understand the difference between a request and a command. If it’s a request, you can decline politely—but only if you’re confident. If it’s a command, comply. Knowing your rights while staying calm is the key to ensuring a smoother encounter.
You can see Flusche’s full explanation in the video below:
