The answer is yes. Police can order you to exit your car when they pull you over.
Why Can Police Order You to Exit Your Car?
The reason police can order you to exit your car is for officer safety. Police can make this order under any circumstances:
- Police can order people out of a car even if they do not have probable cause or reasonable suspicion to believe a crime has committed.
- Police can order people out of a vehicle even if they do not believe those people are armed or dangerous.
- Police can order all occupants out of the car.
Why do Police Have This Power?
In 1977, Harry Mimms was driving in Philadelphia when he was stopped for having an expired license plate. One of the officers asked Mimms to exit his vehicle. When Mimms exited, the driver noticed a bulge in Mimms jacket. The officer patted Mimms down and discovered a loaded firearm in his waistband.
Mimms claimed that the officer’s order for him to exit the vehicle violated his 4th Amendment right to be free from unreasonable search and seizure. The United States Supreme Court reviewed the case and ruled that the officer had not violated Mimms’ 4th Amendment rights. (see Pennsylvania v. Mimms (1977) 434 U.S. 106)
The Supreme Court noted that the officer had no reason to believe Mimms was committing a crime. However, the officer claimed it was his usual practice to order all drivers out of their vehicle during a traffic stop. The prosecution argued that the officer’s practice was meant to ensure officer safety during a traffic stop.
The Supreme Court ruled that officer safety outweighs the minor 4th Amendment intrusion of having a driver or passenger exit a vehicle. According to one study, 30% of police shootings occurred when an officer approached a person seated in a vehicle. A significant percentage of murders of police officers occurs when the officers are making traffic stops. In addition, police can be hit by passing traffic when standing outside the driver window. The 4th Amendment intrusion of having a passenger exit a vehicle is minimal by comparison.
What if You Refuse to Exit Your Car?
If you refuse to exit, you could be charged with resisting or delaying arrest under Penal Code § 148. This offense is a misdemeanor punishable by a maximum of 364 days in jail.
Advice
If an officer asks you to exit your vehicle, you should clarify whether he is giving you an order or merely asking you to exit. While you should follow a police order, you do not have to comply with a voluntary request.
Do you think this law gives police too much power? You should raise your concerns with your state representative or senator.