Asking People Out of Motor Vehicles

In this archive episode, Dennis stresses the importance and legality of separating drivers and passengers during interdiction. Recorded on 04/17/2018. Pennsylvania V. Mimms - (1977)https://supreme.justia.com/cases/federal/us/434/106/case.html?fbclid=IwAR2UlUeWsXT98SEPMIVa_7tmRu3G-u7U49pcKasF24DE88T_YL577J2XCXY (https://supreme.justia.com/.../federal/us/434/106/case.html) Police may order driver out of the vehicle without criminal activity or RAS. Bare this in mind…..if you do not suspect the vehicle of criminality don’t get into the habit of ordering driver out of vehicle. State v Brian K. Smith (1997) – Once the vehicle was stopped, Trooper Long was permitted to request Smith to exit the vehicle for the purpose of investigation of the suspected motor vehicle violation. https://law.justia.com/cases/new-jersey/appellate-division-published/1997/a3449-95-opn.html?fbclid=IwAR0QU7NVw_7fR6K0D1OWxyjm-tFmrIcAP48aMuiHNapD2yv9-DE_99a-j_o (https://law.justia.com/.../appella.../1997/a3449-95-opn.html) See State of NJ v. Brian L. Smith (1994) that stated that the Mimms test, as applied to drivers, satisfies the NJ constitution as well. https://l.facebook.com/l.php?u=https%3A%2F%2Flaw.justia.com%2Fcases%2Fnew-jersey%2Fsupreme-court%2F1994%2Fa-28-93-opn.html%3Ffbclid%3DIwAR1pyM1cEa2oMhmhIkcbE_h06cfVHZG8SCMhkwcVxeqvGkO2T0dTSExfYAU&h=AT2R_tB-87Fff7lRVzLP53IGu2xof6XJUWWNAP60GEskLMq_IvTDOd5uvvlsAwCjj8VWlTT3LO5z5dKYX8HdwiE6LbaN_tMV8sT7JYFPJ5R3zbZUjwEG7JaQBMxVtf76b9HL0lPC1a5a5PXovw&__tn__=-UK-R (https://law.justia.com/.../supreme.../1994/a-28-93-opn.html) The court stated that “Instances will surface in which police officers, with less than a reasonable suspicion that a passenger is engaged in criminal activity or is armed and dangerous, may reasonably order a passenger to step out of a car.” The officer does not need to point out specific facts that the occupant is armed and dangerous rather the officer needs only to point out some fact or facts in the totality of the circumstances that would warrant a heigh