4 Things Police Can Actually Make a Passenger Do During a Traffic Stop
Your friend was driving a little fast and got pulled over, with you in the car. Many passengers assume they must identify themselves and comply with every police request. That is not true. Passengers generally have the right to remain silent and wait for a lawyer, just like the driver. However, there are four things police can absolutely make a passenger do during a traffic stop.
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[1] Get out of the car
When the Supreme Court ruled on Maryland v. Wilson (1997), it decided police officers may order passengers to exit a vehicle as a “matter of course” during a traffic stop. Officers use this authority to control the scene and ensure safety for themselves and everyone in the car. But can also be a tactic to divide the driver and passengers, hoping someone will talk to the officers. So it’s important to note that no one needs to answer questions until arrested. And even then you should wait until you’ve been given a lawyer.
[2] Stay in the car
The ACLU notes, “If you’re a passenger, you can ask if you’re free to leave. If yes, you may silently leave.” That said, traffic stops often occur in dangerous locations. On a busy highway, for example, officers may order drivers and passengers to remain inside the vehicle for safety reasons. You absolutely must follow this order.
[3] Weapons pat-down
Police officers also have another tool to keep a traffic stop safe. They may conduct a limited pat-down of a driver or passenger to check for weapons. As the ACLU explains, “You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon.”
[4] Provide identification with probable cause
This final scenario is more nuanced. During traffic stops, officers often ask drivers questions such as, “Who else is in the car?” Officers may hope the driver volunteers passengers’ identities. In most situations, the driver is under no obligation to do so. As the ACLU states, “Both drivers and passengers have the right to remain silent.” Passengers may say they are exercising that right or that they will not answer questions without a lawyer present.
The key exception arises when police stop a vehicle specifically to investigate the passengers. The car may match the description of a getaway vehicle from a recent crime. It could also match a vehicle suspected of evading authorities or smuggling people across the border. In those cases, officers may lawfully demand passenger identification as part of their investigation. That is because it is the passengers they are investigating under suspicion of committing a crime. But you can always ask what crime officers are investigating.