Can police legally ask a passenger to exit the car?

Yes. Officers may lawfully direct passengers to exit the vehicle during a traffic stop to ensure officer safety and prevent interference with the stop.

Is a passenger detained if police ask them to exit the car?

Yes. When officers direct a passenger to exit the car, it constitutes a temporary seizure under the Fourth Amendment.

Do passengers have rights during a traffic stop?

Passengers have Fourth Amendment rights and may challenge any unlawful detention or search.

Police Asks Passenger to Exit the Car

Have you ever wondered if it’s legal when police asks passenger to exit the car during a traffic stop? The Fourth Amendment protects all individuals from unreasonable searches and seizures, but the law gives officers certain powers to maintain safety and order during stops.

In People v. Vibanco (151 Cal.App.4th 1, 60 Cal. Rptr. 3d 1), officers stopped a vehicle with multiple passengers. One passenger made furtive movements, and another attempted to leave the car. The police directed the defendant, a passenger, to remain in the vehicle and then to sit on the curb. The California Court of Appeal held that the seizure was lawful because officers are justified in controlling passenger movements to prevent safety risks and ensure the stop proceeds without incident.

Courts consistently recognize that the driver is always seized during a traffic stop (Whren v. United States, 517 U.S. 806, 809–810), and passengers may also be temporarily detained for officer safety. This principle is supported by federal and state precedent, including Maryland v. Wilson, 519 U.S. 408 and People v. Brendlin, 38 Cal.4th 1107.

“Allowing a passenger to wander freely during a traffic stop presents a dangerous situation, splitting the officer’s attention and enabling the occupants to take advantage of a distracted officer.” (Williams, 419 F.3d 1034)

Full case here: People v. Vibanco

Anton Vialtsin, Esq.
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