During a traffic stop ................

[Big Dog]

During a traffic stop and if ask by the LEO, "Do I have to get out of the car?" and for what reasons?

[normanvin]

Good question. ....

[c.sander]

you can politely deny any request made upon you, however do NOT deny Commands given to you, comply but let him know you are only complying due to Command. and you give no authority to search / seizure etc

IANAL

[LorDiego01]

During a traffic stop and if ask by the LEO, "Do I have to get out of the car?" and for what reasons?

Well, I think the above posters gave great advice, I'd say, if commanded too, I'd vacate the vehicle when the cop pulls out his tazer.

[Steve in PA]

Yes, the LEO can ask the driver to get out of the vehicle. And yes you must get out of the vehicle. But, the officer cannot search the vehicle without PC or your permission.

Our secretary (and her son) asked me this question yesterday when I got back from picking up our new cruiser.

As the story goes, her son and his friend were involved in a traffic stop in a town a few over from mine. During the traffic stop (for a dim tail light) the officer asked, "are there any guns or anything illegal in the car?" When her son answered no, the officer then is supposed to have said, "why don't you get out so I can check." Not sure how to proceed, her son and his friend got out of the vehicle and the officer searched the car. Nothing was found.

I told them if that is what happened, then it was an illegal search. Unless the LEO has PC to do a search, no search of the vehicle can be made without permission. In other words, the LEO would have to ask.........not tell.......the occupants.

I'm sure the officer wanted too search the vehicle based on the appearance of the dirver and passenger. Some piercings, large stretched holes in their ears (for the big hoops some people wear these days, stretching the holes), etc.

I think the secretary is supposed to call the officers' chief and complain, but don't know how far it will go.

[Delco Sig]

Yes, the LEO can ask the driver to get out of the vehicle. And yes you must get out of the vehicle. But, the officer cannot search the vehicle without PC or your permission.

Our secretary (and her son) asked me this question yesterday when I got back from picking up our new cruiser.

As the story goes, her son and his friend were involved in a traffic stop in a town a few over from mine. During the traffic stop (for a dim tail light) the officer asked, "are there any guns or anything illegal in the car?" When her son answered no, the officer then is supposed to have said, "why don't you get out so I can check." Not sure how to proceed, her son and his friend got out of the vehicle and the officer searched the car. Nothing was found.

I told them if that is what happened, then it was an illegal search. Unless the LEO has PC to do a search, no search of the vehicle can be made without permission. In other words, the LEO would have to ask.........not tell.......the occupants.

I'm sure the officer wanted too search the vehicle based on the appearance of the dirver and passenger. Some piercings, large stretched holes in their ears (for the big hoops some people wear these days, stretching the holes), etc.

I think the secretary is supposed to call the officers' chief and complain, but don't know how far it will go.

In addition to what he said: Pennsylvania v. Mimms

[widearea]

Well, I think the above posters gave great advice, I'd say, if commanded too, I'd vacate the vehicle when the cop pulls out his tazer.

There is an interesting video on this at flexyourrights.org where the passenger exits the vehicle and proceeds to lock the car doors and put the keys in his pocket as well as stating that he doesn't consent to any searches...seems like a good idea if you ask me...

[c.sander]

you could also keep a spare in a magnetic box under the car somewhere and just lock the keys INSIDE the car

[Dredly]

I thought I read or saw on TV (so it must be true!) that if you refuse to consent to a search you can be "detained" until such time where the police are able to confirm that there is nothing illegal in the vehicle.

The consent is just sort of a nice way of saying we are going to either search it here with you watching or impound it and search it at our leisure

[HiredGoon]

"why don't you get out so I can check." ...

In other words, the LEO would have to ask.........not tell.......the occupants.

Sounds like kind of a deliberately gray area question/command (to the uninformed), if that's the way he said it.

He could always say he did not really command them, but just made a suggestion...and they complied.

But anyway, totally inexcusable.

Would it have helped if he would have said "my mom is the secretary over at ____ PD"?