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are you required to exit vehicle if asked by cops

M

maccrazy2

Sergeant
Full Member
Minuteman
Jul 2, 2009
135
4
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10 minutes S. W. of denver
This is just a question I was curious about. If pulled over for speeding or any infraction for that matter are you required to exit your vehicle if the cops ask you to? It is my understanding the police are allowed to search you for weapons during an investigation for their own safety(ie traffic stop). I was unable to find a specific answer if you are legally required to exit the vehicle.
I would assume you are if the police are allowed to search you. Just wanted to see if any police or lawyers on here know the answer.
 
Re: are you required to exit vehicle if asked by cops

NeLWS.jpg


I'll pass it around ...
 
Re: are you required to exit vehicle if asked by cops

Yes, you are are required to be compliant if the officer asks you to exit the vehicle.
 
Re: are you required to exit vehicle if asked by cops

The quick answer is "yes" the police officer can require you to exit the vehicle even during a traffic stop. Understand that what an officer can do at the scene may not stand up in court later.
For evidence obtained during a traffic stop to be admissible later in court the State must establish that the officer had a reasonable and articulable suspicion that a crime (usually a traffic violation) had occurred. In the course of that stop the officer may require the occupants to exit the vehicle. Many officers automatically pat down the individual. Any evidence obtained in an "automatic" pat down is suppressible later in court. For evidence thus obtained to be admissible in court the State must establish that the officer had, again, a reasonable and articulable concern for his safety.The officer is going to have to explain why he thought that the person had a weapon. "He seemed nervous" isn't going to cut it.
Basically, as I tell my clients, the place to argue with a cop is in court with your lawyer.
 
Re: are you required to exit vehicle if asked by cops

Yes
Terry vs Ohio ruling by the U.S. Supreme Court.
 
Re: are you required to exit vehicle if asked by cops

For what it's worth, I rode a long with a deputy sheriff in Florida maybe 7 or 8 years ago and he was performing what he called drug interdiction along I-10. It was very interesting to do the ride-along and I learned a lot about what our men in uniform go through.

One thing I found interesting was that he said that he had to ask permission to search a person's vehicle. He could pull them over for just about any legitimate reason, but they had to agree to a search. He said that if they told him no that he had to let them go. I don't know if the law was changed since since then, but he said that was the rules he had to abide by. I asked him if there were ever reasons when he could search without permission and he said that there was, but that it had to be blatant (i.e. visible drugs or drug paraphernalia, visible weapons, open container, etc.), or there had to be a notification out to law enforcement to look for a certain vehicle make/model for some reason or another.

I know this is a little different from the specific question you asked, but I would think that if the law hasn't been changed, that it would be similar to the situation in question.

That being said, I've always looked at it like: I'm doing nothing wrong, so I have nothing to hide. The last thing I would want to do is make an officer believe I'm giving him crap. Their jobs are hard enough as it is.
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Jethro3898</div><div class="ubbcode-body">

One thing I found interesting was that he said that he had to ask permission to search a person's vehicle. He could pull them over for just about any legitimate reason, but they had to agree to a search. He said that if they told him no that he had to let them go. I don't know if the law was changed since since then, but he said that was the rules he had to abide by. I asked him if there were ever reasons when he could search without permission and he said that there was, but that it had to be blatant (i.e. visible drugs or drug paraphernalia, visible weapons, open container, etc.), or there had to be a notification out to law enforcement to look for a certain vehicle make/model for some reason or another.

The last thing I would want to do is make an officer believe I'm giving him crap. Their jobs are hard enough as it is.</div></div>
It is called the Fourth Amendment, it has not changed. If having and utilizing my rights makes a cops job hard: good. That's why they exist in the first place.

You do have to exit your car when asked, and you should comply to the officers commands, but you do not have to accede to his requests. There is a difference. As leagle said the time to argue with a cop is in court with a lawyer.
 
Re: are you required to exit vehicle if asked by cops

The rights enumerated in the Bill of Rights are not given to us by the government but rather are rights that have been "endowed by our creator". The Bill of Rights exist, not to make a cop's job harder, but to ensure that those rights are not unreasonably infringed upon by the government.
 
Re: are you required to exit vehicle if asked by cops

Being a law abiding citizen, I would want to refuse the request for the search, but I'd be afraid that the investigating office might have a little "help" in his pocket in order to discover and obvious, in plain sight, violation.

Not saying many of our officers would do this, but I'm quite sure there are some out there, if refused the search, would get their panties in a wad and take vengeful action to assuage their bruised egos.
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Killer Spade 13</div><div class="ubbcode-body">Being a law abiding citizen, I would want to refuse the request for the search, but I'd be afraid that the investigating office might have a little "help" in his pocket in order to discover and obvious, in plain sight, violation.

Not saying many of our officers would do this, but I'm quite sure there are some out there, if refused the search, would get their panties in a wad and take vengeful action to assuage their bruised egos.</div></div>

Not saying that has not / will not happen, but it would take a real POS to pull something like that. The chances of being set-up by the 1 guy in the dept. who would do that are almost nil. As long as you are respesctful, and non-confrontational, the officer would most likely let it go as, "Finally, someone who knows thier rights, now I dont have to go through all that searching BS." I think most people get themselves into trouble arguing points of law they dont understand with exasperated officers who just want to move on. Arguing in court might get you a win, but argung on the side of the road might get you a face full of pepper spray.

Pepper-Spray1.jpg
 
Re: are you required to exit vehicle if asked by cops

If you have a loaded bong in the back of your truck can a cop confiscate it?
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Jethro3898</div><div class="ubbcode-body">For what it's worth, I rode a long with a deputy sheriff in Florida maybe 7 or 8 years ago and he was performing what he called drug interdiction along I-10. It was very interesting to do the ride-along and I learned a lot about what our men in uniform go through.

One thing I found interesting was that he said that he had to ask permission to search a person's vehicle. He could pull them over for just about any legitimate reason, but they had to agree to a search. He said that if they told him no that he had to let them go. I don't know if the law was changed since since then, but he said that was the rules he had to abide by. I asked him if there were ever reasons when he could search without permission and he said that there was, but that it had to be blatant (i.e. visible drugs or drug paraphernalia, <span style="color: #FF0000">visible weapons</span>, open container, etc.), or there had to be a notification out to law enforcement to look for a certain vehicle make/model for some reason or another.

I know this is a little different from the specific question you asked, but I would think that if the law hasn't been changed, that it would be similar to the situation in question.

That being said, I've always looked at it like: I'm doing nothing wrong, so I have nothing to hide. The last thing I would want to do is make an officer believe I'm giving him crap. Their jobs are hard enough as it is. </div></div>

Having a weapon visible in the vehicle justify a search based on probable cause?

That seems a little invasive being that it is legal to own firearms here in the states. But I understand that officers make assessments and act accordingly for their own safety.

This happened to me a while back:
I was pulled over for "cheating" (about 9 mph over give or take) on my speed while coming back from the range with a sks, along with other rifles in cases, clearly visible sitting in the back seat. The officer saw them and asked me to exit the vehicle, then proceeded asked me about the weapons. I explained where I was coming from and that was it. Oddly enough, he didn't ask to search my vehicle. But would he have needed permission being that the weapons were visible? He told me to stay to the rear of my vehicle until he issued me a warning on my speed and I was on my way. Maybe I was just lucky that day.
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: leagle</div><div class="ubbcode-body">The rights enumerated in the Bill of Rights are not given to us by the government but rather are rights that have been "endowed by our creator". The Bill of Rights exist, not to make a cop's job harder, but to ensure that those rights are not unreasonably infringed upon by the government.</div></div>

Thanks.
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: leagle</div><div class="ubbcode-body">The rights enumerated in the Bill of Rights are not given to us by the government but rather are rights that have been "endowed by our creator". The Bill of Rights exist, not to make a cop's job harder, but to ensure that those rights are not unreasonably infringed upon by the government.</div></div>

+1
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: shankster</div><div class="ubbcode-body">If you have a loaded bong in the back of your truck can a cop confiscate it?</div></div>


That was kinda funny.
 
Re: are you required to exit vehicle if asked by cops

I don't know about other States, but in WA you do have the right to request another officer be present prior to exiting the vehicle if you feel "unsafe".
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: leagle</div><div class="ubbcode-body">The rights enumerated in the Bill of Rights are not given to us by the government but rather are rights that have been "endowed by our creator". The Bill of Rights exist, not to make a cop's job harder, but to ensure that those rights are not unreasonably infringed upon by the government.</div></div>

Amen Brother...
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: maccrazy2</div><div class="ubbcode-body">This is just a question I was curious about. If pulled over for speeding or any infraction for that matter are you required to exit your vehicle if the cops ask you to? It is my understanding the police are allowed to search you for weapons during an investigation for their own safety(ie traffic stop). I was unable to find a specific answer if you are legally required to exit the vehicle.
I would assume you are if the police are allowed to search you. Just wanted to see if any police or lawyers on here know the answer. </div></div>

Be careful about answers you get on the internet.

Also be careful about where/whom the answers come from. I have seen officers give out wrong advice on several occasions because they did not feel the need to stay current on case law OR were just too lazy to pay attention during the yearly updates.

1. If an officer has reasonable suspicion to stop the vehicle, he can ask you to step out of the vehicle. He can also detain any other occupants of the vehicle (i.e. your passengers cannot decide it's time for them to leave).

2. If an officer asks consent to search your vehicle you may decline. I suggest you do so politely. He may be asking as a formality even though he already has a legal right to search. This is done pretty often.

3. There are piles of reasons why an officer can legally search your vehicle without a warrant or consent.

4. Never argue with an Officer on the side of the road. You will always be wrong and you can only make matters worse. If you think the officer is acting inappropriately or illegally, pay attention, keep your mouth shut and tell it all to your lawyer. The courtroom is the only place you can successfully argue with an Officer.


I know many folks will tell you NEVER to consent to a search. I can tell you that you need to decide that for yourself. There are many situations where allowing a search will get you on your way much quicker than not allowing one. I am a private person and I don't want other folks pawing through my stuff, but I also don't want to be sitting on the road for four hours while a detective gets a search warrant because I kind of look like the guy who robbed that last gas station.
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">I don't know about other States, but in WA you do have the right to request another officer be present prior to exiting the vehicle if you feel "unsafe". </div></div>

Is that a state law, case law or just something someone told you?

Depending on the officers information and reason for the stop refusing to get out of the vehicle could be a very bad choice. I.E. if he asks you to step out because your vehicle matches the description from an armed robbery. You won't know that at the time and he won't tell you, but refusing may put you at gunpoint until backup arrives.
 
Re: are you required to exit vehicle if asked by cops

To expound on what Leagle wrote:
Used to, before the Bush Supreme Court, one had the right to resist an unlawful arrest. Not anymore. Submit, and like Leagle opined, argue about it in court. Out on the highway is not the place to take a stand based on what some clown told you your rights were at a campfire one night or on Snipershide during the Summer of '12.

The law seeks to protect both the citizen and the officer. One can well imagine the law seeks to protect the officer and thus if he feels his safety is at risk due to suspecting something in the car such as a weapon, he may request the motorist to step out. He gets to decide. You don't. Should you refuse, be prepared to incur whatever physical and legal wrath might well ensue. Being a defense lawyer, I would politely comply, perhaps because I will have nothing to hide.
 
Re: are you required to exit vehicle if asked by cops

I'm going to get a good laugh when Lonewolf pulls over a hide member.
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">I don't know about other States, but in WA you do have the right to request another officer be present prior to exiting the vehicle if you feel "unsafe". </div></div>

Is that a state law, case law or just something someone told you?

Depending on the officers information and reason for the stop refusing to get out of the vehicle could be a very bad choice. I.E. if he asks you to step out because your vehicle matches the description from an armed robbery. You won't know that at the time and he won't tell you, but refusing may put you at gunpoint until backup arrives. </div></div>

If I'm a suspected armed robber then they'll have me a t gun point anyways. To make a long story short it came from an Attorney LW, so when I see my boss next week I'll ask if he can clarify if it's a State law or what, but I don't have the immediate answer. I believe it came about as a protection for women when someone was impersonating an LEO and going around raping women. I was told I also have the right to demand identification.
 
Re: are you required to exit vehicle if asked by cops

If a cop pulls everything out of your truck in a search, is he required to put it back in the same order it came out?
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">I don't know about other States, but in WA you do have the right to request another officer be present prior to exiting the vehicle if you feel "unsafe".</div></div>
You have that right in every state under the 1st Amendment. Whether that request is granted is another story. I would doubt that is a law, and if it is, I would think that it's not going to be absolute every time. There would have to be exceptions. There are numerous rural and remote counties and towns in every state where officers' and deputies' nearest backup could be 20-30 minutes away.

If you are not suffering from mental illness, then you're going to have to articulate a very good reason why you felt unsafe before it could be justified; especially if you're an adult male.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: maccrazy2</div><div class="ubbcode-body">This is just a question I was curious about. If pulled over for speeding or any infraction for that matter are you required to exit your vehicle if the cops ask you to? It is my understanding the police are allowed to search you for weapons during an investigation for their own safety(ie traffic stop). I was unable to find a specific answer if you are legally required to exit the vehicle.
I would assume you are if the police are allowed to search you. Just wanted to see if any police or lawyers on here know the answer. </div></div>

Be careful about answers you get on the internet.

Also be careful about where/whom the answers come from. I have seen officers give out wrong advice on several occasions because they did not feel the need to stay current on case law OR were just too lazy to pay attention during the yearly updates.

1. If an officer has reasonable suspicion to stop the vehicle, he can ask you to step out of the vehicle. He can also detain any other occupants of the vehicle (i.e. your passengers cannot decide it's time for them to leave).

2. If an officer asks consent to search your vehicle you may decline. I suggest you do so politely. He may be asking as a formality even though he already has a legal right to search. This is done pretty often.

3. There are piles of reasons why an officer can legally search your vehicle without a warrant or consent.

4. Never argue with an Officer on the side of the road. You will always be wrong and you can only make matters worse. If you think the officer is acting inappropriately or illegally, pay attention, keep your mouth shut and tell it all to your lawyer. The courtroom is the only place you can successfully argue with an Officer.


I know many folks will tell you NEVER to consent to a search. I can tell you that you need to decide that for yourself. There are many situations where allowing a search will get you on your way much quicker than not allowing one. I am a private person and I don't want other folks pawing through my stuff, but I also don't want to be sitting on the road for four hours while a detective gets a search warrant because I kind of look like the guy who robbed that last gas station.</div></div>
+1. Legal updates are important, and this is something that varies state to state.

Also, keep in mind that a recent SCOTUS decision reinforced the ability of police to direct and control the movements of all individuals involved in a traffic stop. If a vehicle is stopped, the officer may tell everyone to get out of the car and stand where they are told to stand.
Individual states can further restrict officer authority so that they might need a reason, but that's up to each state on whether to adhere to the SCOTUS standard, or to be more strict with police.

Something else to keep in mind:
This is also applicable to approaching a traffic stop that you are not a part of. Police have the authority to expell people away from the scene of an incident for officer safety, and can mandate a minimum safe distance which must be respected, regardless of it being on public or private property.
 
Re: are you required to exit vehicle if asked by cops

I have not really ever had any big issues when dealing with the police. I give respect and for the most part have recieved it in return. I have a fairly good understanding of my rights. I know roadside sobriety tests are not mandatory as well as breath tests. Blood tests are if there is probable cause you are intoxicated if, you do not want to automaticly loose you license for non complience. I rarely drink and never drink and drive so this is not an issue for me personally.
What got me started looking for the answer of if exiting the vehicle was required was a friend who had his car searched without consent because the officer who pulled him over said he smelled booze on his breath after he asked him to step out of the vehicle. My friend does not drink at all and his car is always spotless. There were no cans or bottles of any kind in the vehicle the officer could of mistaken for alcahol.
I was not there so I do not know the exact facts of that night just my friends half. It just left me wondering if you were required to exit the vehicle if asked/ordered for a simple trafic stop, not as a bank robbery suspect ect...
I figured you were required too based on the weapons search the officer is allowed to do. However I did not know if it could be a way of incriminating yourself?
Anyway, thanks for the answers everyone. I was not interested enough to go pay an attorney to find out as it is all academic.
 
Re: are you required to exit vehicle if asked by cops

Shankster, I do appreciate your wit, but these are some serious questions going on here. Your posts are like the woman that was taken out of her daughter's graduation ceremony for whooping and hollering. I respect your right to post those things you like, but, please, have a bit of civility.
 
Re: are you required to exit vehicle if asked by cops

Shankster, I do appreciate your wit, but these are some serious questions going on here. Your posts are like the woman that was taken out of her daughter's graduation ceremony for whooping and hollering. I respect your right to post those things you like, but, please, have a bit of civility.

Is that too unreasonable to ask?
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Killer Spade 13</div><div class="ubbcode-body">Shankster, I do appreciate your wit, but these are some serious questions going on here. Your posts are like the woman that was taken out of her daughter's graduation ceremony for whooping and hollering. I respect your right to post those things you like, but, please, have a bit of civility.

Is that too unreasonable to ask? </div></div>

<span style="font-weight: bold">I see you and wife both decided to post.double post.. just razzing you.
grin.gif
</span>


<span style="font-weight: bold">Anyone that relies on internet posts for legal counsel are destined for trouble..</span>
 
Re: are you required to exit vehicle if asked by cops

No, Shankster, just getting old and sometimes my fingers tremble a bit. I guess I was just thinking of that hot LZ I was flying into to pull out those poor grunts who would have probably died . . . .
 
Re: are you required to exit vehicle if asked by cops

But I am old, poor and feeble, so please forgive me my transgressions.

At least I ain't freakin brain dead yet . . . .
 
Re: are you required to exit vehicle if asked by cops

The short answer is Yes. Especially if there is a local statute that says you must follow lawful directions given by an officer.

As always, the question is whether any evidence that the officer finds is admissible in court. And that will hinge on whether the officer can show reasonable suspicion that a crime had occurred.

In a traffic stop the officer can require all occupants to exit the vehicle and he can search them for weapons and handcuff them for his own safety.

Again, the question will be whether any edvidence found is admissible in court, and that will again depend on whether the officer had reasonable concern for his safety.

Not on point, but with regard to search incident to arrest have a look here:
http://www.oyez.org/cases/1990-1999/1998/1998_97_7597
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Killer Spade 13</div><div class="ubbcode-body">No, Shankster, just getting old and sometimes my fingers tremble a bit. I guess I was just thinking of that hot LZ I was flying into to pull out those poor grunts who would have probably died . . . . </div></div>

No worries, Killer. you're a pimp in my book. Cheers my man.
 
Re: are you required to exit vehicle if asked by cops

shank thats some funny shit right there.but on a serious note when i have been pulled over and ive been pulled over alot.i have usually found that if your polite to the cops or hypos or whatever it is you call them that your chances of getting a ticket go down.
 
Re: are you required to exit vehicle if asked by cops

So, I guess my question is this . . .

What would be the likely scenario if the person in question be if he or she would to say "no" to the search of the vehicle?

Would the officer in charge call for a K9 unit just because the person had said "no". Does refusal to submit to seach become probable cause???
 
Re: are you required to exit vehicle if asked by cops

Refusal to submit to a car search is never probable cause. They can get a k9 unit and try to get a "hit" from outside of the automobile. The "hit" from the K9 is as subjective as a field sobriety test.
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Killer Spade 13</div><div class="ubbcode-body">So, I guess my question is this . . .

What would be the likely scenario if the person in question be if he or she would to say "no" to the search of the vehicle?

Would the officer in charge call for a K9 unit just because the person had said "no". Does refusal to submit to seach become probable cause???
</div></div>

Refusal to search NEVER becomes probable cause and generally can't even be brought up in court without an objection. It is your RIGHT to refuse a search and can't be used against you.

Depending on the timeline of the stop, state and local laws, the officer may be able to call for a K9. Here I do not have to have anything more than reasonable suspicion to call for a K9 to do an exterior sniff of the vehicle. If I think that is going to be an option, then I am probably not going to ask you for consent since a dog hitting on your car is going to be more valuable to me in court than your consent. The dog won't lie. Defendants often do.

Just so no one gets their panties in a wad, I am not posting anything that you can't find by searching state law, federal law, and case law. I don't have a bag of secret tricks and it's not like in the movies. Everything I do at a street level is well known and documented. It has to be.

Nothing I post is to be construed as legal advice and when in doubt call an attorney.
 
Re: are you required to exit vehicle if asked by cops

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Killer Spade 13</div><div class="ubbcode-body">So, I guess my question is this . . .

What would be the likely scenario if the person in question be if he or she would to say "no" to the search of the vehicle?

Would the officer in charge call for a K9 unit just because the person had said "no". Does refusal to submit to seach become probable cause???
</div></div>

Refusal to search NEVER becomes probable cause and generally can't even be brought up in court without an objection. It is your RIGHT to refuse a search and can't be used against you.

Depending on the timeline of the stop, state and local laws, the officer may be able to call for a K9. Here I do not have to have anything more than reasonable suspicion to call for a K9 to do an exterior sniff of the vehicle. If I think that is going to be an option, then I am probably not going to ask you for consent since a dog hitting on your car is going to be more valuable to me in court than your consent. The dog won't lie. Defendants often do. </div></div>

But, Lonewolf, (I am pro LEO) isn't the interpretation of a K9 "hit" left up to the LEO in the field? It's not like the dog can testify.
 
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