Can Police Actually Make You Get Out of Your Car During a Traffic Stop?
A police officer pulls you over. You stop the car, turn off the engine, and hand over your documents. Everything is in order. Then the officer asks, “Would you mind stepping out of the car?”
That’s when many drivers freeze. The key question is simple: Do you have to do what they say? The answer depends on whether the officer is making a request or giving a direct order.
A safe response is, “Are you ordering me to get out of my car?”
Request vs. order during a traffic stop
A police officer may simply request that you step out of your vehicle.
Attorney Andrew Flusche explains that “Would you mind stepping out of the vehicle?” may be a request. If an officer is asking a favor, you may politely respond, “No, thank you.”
Why would an officer request that you step out, instead of ordering you? They may hope the wording causes you to comply voluntarily. If you stumble while exiting, they gain evidence to investigate drunk driving. If they smell marijuana when the door opens, they gain evidence to investigate impairment.
In some cases, an officer may lack enough cause to order you out and begin a broader investigation. A request is their workaround.
A police officer can also order you to exit your car.
In Pennsylvania v. Mimms, the Supreme Court ruled that during a lawful traffic stop, police may order drivers or passengers out of a vehicle without violating their rights. Officers may also order occupants to remain inside, or to move the car to another location.
The court said this authority exists to help officers keep traffic stops safe. It called the intrusion “minimal” when compared to officer safety concerns.
If you ask, “Are you ordering me to get out of my car?” and the officer says yes, you must comply. Police may legally use force to enforce that order. There may also be a legitimate safety reason for the command.
Even if you exit the car and separate from your passengers, you still do not have to consent to a vehicle search, a personal search, or questioning without a lawyer present. Before your next traffic stop, it’s worth reviewing the 13 things police cannot legally make you do.
