Are you required to exit your vehicle when a police officer asks you to do so?

Question

If so, why? Is this not tantamount to allowing a search? For what other reason would an officer ask you to exit a vehicle? Also, is allowing an officer to frisk you not a consent to search your person? What happens if you refuse?

Thanks for all the responses and in fact I haven't ever been stopped and asked to get out. I was just curious about my rights. It would seem that "if you have nothing to hide, then why should you give up your rights".....now to follow up....say I get out of the car as instructed and he wants to pat me down, a.) do I have to consent? b.) does this constitute a waiver of my rights in any way (i.e. if they find drugs is that discovery admissible considering that I didn't want to be frisked)

Answer 1

If it is safe for you to get out of your vehicle, then you are required to obey. Usually, if they ask you out, they will ask to frisk you for their personal safety. This is in no way giving them permission to search your car. They have to have a warrant or reasonable grounds for suspicion to search. You can say no at any time but must be prepared to face possible charges of obstructing an officer. Always make them secure a warrant before allowing a search of your vehicle, that is your only protection but again, be prepared for an extended stop.

Answer 2

It goes like this
1st on a public road you have a less expectation of privacy under the 4th
2nd: Their are so many traffic regulations/rules that a good cop can always find a violation to pull you over easy part
3rd: a police are allowed if they feel that it could be a dangerous situation can ask you to step out of the car and pat you down for weapons, that is all

what can happen is during that pat down if they feel something that is not a gun but say your stash, they can not legally take it out, but they will ask hey what is that, ask you to take it out you do consent bam

4th the police with you out of the car can look threw the windows and the open door where you got out to see if their is any illegal signs, if so plain view allowed

5th they will ask you if they can search the car you say yes bam consent to search, you can say no but they can hold the car not you while they try and get a search warrant, usually a bluff, problem in today's world if you have drugs and they bring a drug dog the drug dog reaction is all the probable cause they need to arrest

Answer 3

The devil is in the details.....

Yes you are required to exit your vehicle when asked by an investigating officer(s). The Supreme Court in the 1980's affirmed that exiting the vehicle upon the request of the investigating officer(s) is not a search. The police have any number of reason to ask you to exit you vehicle. The most common ones are "probable cause", "reasonable cause" In probable cause. The Supreme court lowered the threshold in Gates v. Illinois by stating that "fair chance" or "substantial chance" of illegal activity. So back to your exiting the vehicle situation. If the investigating officer sees what looks like a rolled joint on your dash, but in reality is a homemade tobacco cig, that officer has probable cause to ask you to exit your car so they can investigate. You can state that "you will exit you car but give no permission to search your car and ask is this is an investigation?" Once it is an investigation it is illegal to lie to the officer. Remember assume that the fact that you are being pulled over is an investigation. if you are not sure,..ask the officer. Now if the investigating officer ask you to pop your trunk, do not give them permission. If they ask again, unlock your trunk and try to accompany to you trunk. Many times these conversations are recorded and/or videotaped and can be entered into evidence. The key is to assert your rights respectfully and comply with the investigating officers and have this all recorded if possible. If one does not consent to a search, but the police searched anyways, but got it wrong, the lawyer can motion the court to have the ill gotton evidence and any prosecutions theories stemming from it thrown out.

The other reason is reasonable cause. The officer believes a crime has been committed or will be committed based on a resonable and articiable suspition and the officer feels that the person is dangerous or others, Terry v. Ohio. Many call those stop and frisk. The officer has a limited ability to frisk, based on a reasonable and articable suspition that the person is armed and/or has comitt or about to comitt a crime. The police shoul attest that the frisk was needed for his personal safty or the safty of others.

"Also, is allowing an officer to frisk you not a consent to search your person? "

for a frisk to pass consutional muster the officer must attest that it was needed for his personal safty or the safty of others. Terry v. Ohio also reasoned that police may seize contraband etc by a terry frisk, but not any thing that is not identified immedialyappearent upon the adminstering of the frisking. remember if the officer found illegal contraband in the terry stop frist he has cause to move to a more though investigation. again comply with the officer while respectfully not giveing permission to search. They wil ignore you. but if they did an error, you are on record in not giving permission for a search at every search. never resist for prevent em from seaching. You are ONLY being oral. Most cops are well trained, professional and are aware of this.

Answer 4

Yes, an officer can ask you to exit your vehicle. The courts have given a great deal of latitude for officers in this regard. It's largely a safety issue, but there are a number of reasons why an officer can ask you to exit your vehicle.

Asking you to exit your vehicle is NOT a search. And you can generally not prevent an officer from doing a "firsk" or "pat-down" (aka Terry Frisk) of your clothing to check for weapons. The officer only has to articulate minimal cause to believe you might be carrying a weapon to justify this search, and he does NOT have to justify it to you on the street corner.

From the CA Attorney General on the subject of asking drivers out:

>> The United States Supreme Court established many years ago that you have the right, during even a routine traffic stop, to order the driver to get out of the vehicle. You do not need any particular reason, such as danger or suspicion of a crime. If the stop is lawfully underway, ordering the driver out during the detention is legal. This is because the courts believe that all traffic stops involve enough inherent risk to justify the minimal additional intrusion of ordering a validly detained driver to get out of the vehicle. (Mimms (1977) 434 U.S. 106; Maxwell (1988) 206 Cal.App.3d 1004; Valencia (1993) 20 Cal.App.4th 906, 918; Miranda (1993) 17 Cal.App.4th 917, 927.) <<

And, in support of a frisk (pat-down):

>> However, you may conduct a patdown or limited weapons search of someone you have detained, but (1) only for weapons, (2) only of his outer clothing, and (3) only if you have specific facts which make you feel in danger. (Terry (1968) 392 U.S. 1; Flippen (9th Cir. 1991) 924 F.2d 163, 166; Hill (1974) 12 Cal.3d 731.) "Standard procedure" isn't good enough. (Santos (1984) 154 Cal.App.3d 1178.) You must reasonably suspect that the person is armed or may be armed (Dickerson (1993) 508 U.S. 366, 373; Limon (1993) 17 Cal.App.4th 524, 532), although you do not need to be positive ($109,179 (9th Cir. 2000) 228 F.3d 1080, 1086; Frank V. (1991) 233 Cal.App.3d 1232, 1240; Wright (1988) 206 Cal.App.3d 1107; Stephen L. (1984) 162 Cal.App.3d 257). <<

- Carl

Answer 5

If you refuse to follow his instructions, he'll just find a reason to arrest you. When they ask you to exit the car, they are concerned for their safety and yours.

Exiting your car does not give permission to search it, however. They still have to ask, and you may still refuse. Refusal, however, carries the risk of giving them a reason to be more suspicious.

Yes, when you lean over for the frisk you're consenting that they may search your person. If you don't consent to that, they will regard you as more dangerous and consider an arrest and a warrant to search.

In general -- be cooperative and polite. If you've done something to be pulled over, don't make it worse by being belligerent with the officers. Let them frisk and search and get it over with. If you have something to hide, they'll find a way to make sure they get legal permission to find it... so just don't hide things, and you're all good.

Answer 6

An Officer is asking you to do somethings for his safety, as for him asking to search your vehicle I would question him as to why .As far as a frisk is concerned he is also doing this for his own safety due to his concern that you may of may not
have a concealed weapon on your person that may harm him.

Just remember that you can request he get a warrant to
Search your vehicle unless there is evidence that you pose
an imminent threat,when that happens he needs no warrant
You can disagree to a frisk but that will Only bring
Suspicion on yourself, So ask if you can empty your pockets
(slowly) in order to show co-operation

Answer 7

having you step from the car is not a search. This is legal and you'd be wise to comply. Patting you down is not an invasive search and a police officer has the right to do so to ensure his/her safety.
Refer to Terry versus Ohio or check Winkipedia on "Frisking".

Answer 8

Yes, you have to exit the vehicle if an officer of the law tells you to. They can ask for many reasons. If they think that you may try to flee or if they fear you have a weapon or if they think you are under the influence of something. They really don't have to have a reason. When they tell you to exit your vehicle, you had better do it.

Answer 9

If you are not guilty get out of the vehicle and answer any questions the Officer asks of you. If you are guilty get out of your vehicle and don't admit to anything. If you drive off you should be shot on the spot as everyone who runs should be shot. It's easy do what you are told by the Officer.

Answer 10

You're kidding, right??

Being stopped by the police means you are under suspicion of breaking the law. You ONLY exit the vehicle when they tell you and NOT BEFORE!

Give them a difficult time and you'll be arrested for it.