Being Told By Police To Exit Vehicle And Get In Theirs

[Casper]

Never argue with a man who has a gun

But we both would have them, so.....

 

[Captain Adverse]

An officer who stops you for an alleged traffic violation has the right to insist that you and your passengers get out of your car. (Pennsylvania v. Mimms, 434 U.S. 106 (1977); Maryland v. Wilson, 519 U.S. 408 (1997).) Clearly, you should get out if asked or instructed to do so. Simply put: You should follow the officer’s directives but begin with the assumption that you should remain in the car. And you should also assume that the officer is on alert, ready to interpret a failure to follow instructions as a threat of danger or an attempt to flee.

An officer who has any reason to suspect that you might be dangerous has a right to conduct a quick “pat-down” search of your outer clothing. (Arizona v. Johnson, 555 U.S. 323 (2009).) Upon feeling any weapon-like object during the pat-down, the officer may reach in and get it. The officer can also seize anything during a proper frisk for weapons that obviously feels like contraband.

Also, if the police officer reasonably believes you’re dangerous and might gain control of weapons, the officer may search areas within the passenger compartment in which a weapon could be placed or hidden. (Michigan v. Long, 463 U.S. 1032 (1983).)

https://www.nolo.com/legal-encyclopedia/police-stops-when-pulled-over-30186.html

I would argue that if one complies with the officer, gets and locks the car, then there is no "threat" of access to a weapon which might be in the car. Stepping out would allow for the pat-down search.

However, as for a search of the car? Per Michigan v. Long the officer must "possesses a reasonable belief based on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant the officer to believe that the suspect is dangerous and the suspect may gain immediate control of weapons. https://supreme.justia.com/cases/federal/us/463/1032/

Being pulled over for a simple traffic violation in and of itself is not sufficient to meet that burden. Nor is refusing to accede to a request to search the car absent a statement of probable cause.

 

[DebateChallenge]

Life isn't fair.

That doesn't justify the police not being fair.

 

[CLAX1911]

That doesn't justify the police not being fair.

If they want you out of the car you have to get out.

 

[joko104]

You may ask "are your ordering me to get in your car"" if you want to, but the bottom line is do what you are told to do.

To correct what someone said (and often wrongly believed). You do NOT have to be under arrest to be "detained." For example, witnesses and a potential offender can be detained. The question is not "am I under arrest" but "am I being forcibly detained?"

Again, the best advise is to say "Yes, officer" and do what you are told to do. Wanting to search your vehicle? You can say "no" to that and don't have to give a reason.

 

[joko104]

Legal answers and answers in light of reality can be entirely different. If the officer smashes out your side window, drags you out of the car then beating and kicking you, arrests you for assault an officer and also for resisting arrest for that assault ... and this isn't on video ... what do you think your chances are going to be with the local judge? People go to prison messing with police - innocent as innocent can be.

All this legal advise works with a GOOD cop - and most are. But for GOOD cops there's not going to be any problem anyway and legalisms are not necessary. Legalisms more times than not will not protect you against a bad cop. Militancy can make a bad cop act like a bad cop. Other than refusing a search and not confessing or giving long statements, courtesy and respect towards police is always the way to go.

 

[Maccabee]

That doesn't justify the police not being fair.

If I'm legally justified to pound you into the pavement and I've exhausted all other measures, I won't be fair. I'll use every dirty tactic in the book if necessary to get you to stop resiting or to get you into custody.

 

[Bodi]

Just do what the cop asks... it makes it easier in the end and basically no cop is "out to **** you over".

IF you are uncomfortable then film them and say nothing. At worst you get arrested and can make your case against them later... instead of at worst you get shot.

 

[WillyPete]

Just do what the cop asks... it makes it easier in the end and basically no cop is "out to **** you over".

IF you are uncomfortable then film them and say nothing. At worst you get arrested and can make your case against them later... instead of at worst you get shot.

If you think police are likely out to get you, one trick is not to pull over until you reach a public, well lit place. Drive slowly, maybe put on your emergency blinkers so they know they have your attention and aren't trying to evade.

That's advice I've heard directly from police, and it makes sense to me. Even the dirtiest cop in the world is unlikely to risk much over a stranger when there are ample witnesses\cameras around.

 

[Bodi]

If you think police are likely out to get you, one trick is not to pull over until you reach a public, well lit place. Drive slowly, maybe put on your emergency blinkers so they know they have your attention and aren't trying to evade.

That's advice I've heard directly from police, and it makes sense to me. Even the dirtiest cop in the world is unlikely to risk much over a stranger when there are ample witnesses\cameras around.

I don't think that cops are out to get me...

 

[WillyPete]

I don't think that cops are out to get me...

Understood. My post was only inspired by yours, not a response to it.

 

[Bodi]

Understood. My post was only inspired by yours, not a response to it.

I know... but I like to take things personally anyway... it spices things up.

 

[PirateMk1]

Lets say you get pulled over. The officer tells you to get out of your vehicle and get in theirs. You could say, "I prefer to stay in my own vehicle," and not get out.

Inquire if you are arrested. Insist they answer one way or the other. If you are the you got no choice legally speaking. Otherwise whatever they tell you to do is a suggestion, cooperation at that point is up to you.

 

[DebateChallenge]

If they want you out of the car you have to get out.

Alright but how about if they want me to then get into their vehicle? I shouldn't have to.

 

[PirateMk1]

If I'm legally justified to pound you into the pavement and I've exhausted all other measures, I won't be fair. I'll use every dirty tactic in the book if necessary to get you to stop resiting or to get you into custody.

This presumes your subject wont return the favor.

 

[PirateMk1]

I don't think that cops are out to get me...

There are certain places in the US where they are, as you are a revenue source for the county, one in particular I know for a fact, is Colusa county in California. At least it was that way a bit over 12 years ago thereabouts. My middle brother had the misfortune of a run in with one of their "police". My brother at the time was broke down and had to slepp to town to get some parts to do a roadside repair. He did not have any cash on his person. He had plenty of credit cards. He was hauled in for vagrancy or something like I believe. Apparently you have to have cash on your person in that town. Or did. Not sure what it is now. Any ways he got stuck in jail for a bit over week for that offence, and they impounded his car. Then charged a bit over a grand to get it back. He had to insist vehemently the clan didn't go up there and secure reprisal and justice. We wanted to burn the town to the ground at the time. He lost. We settled on keying their officials cars, slashing tires, and pilfering the tow companies yard. I was disappointed I didn't get join in on that little soiree. Work took me to the M.E. at the time. I heard the clan had their sights on a lone deputy and were intent on doing a tune up with him. They never said if they did or not. I didn't ask. Justice wasn't served as far as I was concerned because those ********ers where still in business. We should have put them out of business. Not my call though.

 

[Maccabee]

This presumes your subject wont return the favor.

Which is the main reason why if I'm justified in putting you into custody or defending myself, I play as dirty as I'm legally able.

 

[CLAX1911]

Alright but how about if they want me to then get into their vehicle? I shouldn't have to.

So no way to enforce laws at all? Sounds like a recipe for disaster.

 

[PirateMk1]

Which is the main reason why if I'm justified in putting you into custody or defending myself, I play as dirty as I'm legally able.

I presume you are officer.

 

[BRubble]

Lets say you get pulled over. The officer tells you to get out of your vehicle and get in theirs. You could say, "I prefer to stay in my own vehicle," and not get out.

Never turn down a ride-a-long....

 

[Maccabee]

I presume you are officer.

Not at the moment. I went through the police academy and was an auxiliary law enforcement officer for my local sheriff's office for a short bit, but I'm now applying for another department.

 

[Checkerboard Strangler]

The number of people in this thread who don't have a clue about cops is staggering.

 

[marke]

Lets say you get pulled over. The officer tells you to get out of your vehicle and get in theirs. You could say, "I prefer to stay in my own vehicle," and not get out.

People need to respect officers of the law or we will get lawlessness. Michael Brown would likely still be alive today if he had just respected the law.

 

[DebateChallenge]

So no way to enforce laws at all? Sounds like a recipe for disaster.

No, there's just limits as to what LEOs can do.

 

[CLAX1911]

No, there's just limits as to what LEOs can do.

Well there are there always have been it's called the Constitution but you don't have a constitutional right to do whatever you want in your car with impunity.