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We all have seen the videos making its rounds on social media of people refusing to roll down their window or exit their vehicle after being ordered by an Officer. Usually the person defends their actions by stating that they, “know their rights.” So does the person have a right to refuse this order? The answer is no. In a 1997 Supreme Court Case (Maryland v. Wilson) the court held that, “there must be a balance during a traffic stop between the need of police to maintain officer safety and the Fourth Amendment rights of passengers…(and)…that a passenger is only minimally inconvenienced, and basically, the most significant change in the passenger’s circumstances is that they will be outside rather than inside the vehicle.”
The next question is, can an Officer require a person to stay in their vehicle? The answer to that question is yes. Using the same logic in Maryland v. Wilson courts have determined that “officer safety” is a “weighty interest” on a traffic stop given the number of assaults that occur during traffic stops. And that, “The presence of passengers only increases the risk to officers, further justifying the need of officer control over the situation.” Personally, I like to order the driver and passenger to stay in their vehicle allowing me to maintain better control over the scene. However, if I feel it’s necessary to remove an occupant I am within my rights either way.
The next question is, can an Officer require a person to stay in their vehicle? The answer to that question is yes. Using the same logic in Maryland v. Wilson courts have determined that “officer safety” is a “weighty interest” on a traffic stop given the number of assaults that occur during traffic stops. And that, “The presence of passengers only increases the risk to officers, further justifying the need of officer control over the situation.” Personally, I like to order the driver and passenger to stay in their vehicle allowing me to maintain better control over the scene. However, if I feel it’s necessary to remove an occupant I am within my rights either way.
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traffic-stops-and-control-of-passengers.pdf |