It’s a question many drivers in New Jersey consider: during a traffic stop, can a police officer legally order you, the driver, or your passengers to get out of the vehicle? Understanding your rights and police authority in this common scenario is crucial. Brett M. Rosen, Esq., certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, and an experienced traffic law attorney serving Union County and the entire state, explains the rules based on established case law.

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The General Rule: Police Authority to Order Occupants Out

Yes, generally, police officers in New Jersey can order both the driver and any passengers out of a vehicle during a lawful traffic stop.

This authority stems from landmark U.S. Supreme Court decisions that New Jersey courts follow:

1. Pennsylvania v. Mimms (1977): The U.S. Supreme Court ruled that police officers may, as a matter of course during a lawful traffic stop, order the driver out of the vehicle.
2. Maryland v. Wilson (1997): The Court extended this rule, holding that officers may also order passengers out of a lawfully stopped vehicle.

New Jersey adopted the Mimms rule in State v. Smith, 134 N.J. 599 (1994), and generally follows the Wilson principle for passengers, balancing officer safety against the intrusion on occupants.

Why Can Police Do This? The Officer Safety Rationale

The primary justification cited by the courts for this rule is officer safety. Traffic stops are inherently unpredictable and potentially dangerous for officers. Allowing officers to control the location of the vehicle’s occupants outside the car is seen as minimizing risks, such as:

• Access to potential weapons inside the vehicle.
• Sudden, unexpected actions by occupants hidden from the officer’s view.

The Supreme Court deemed the intrusion on personal liberty caused by simply stepping out of the car to be minimal (de minimis) when weighed against the significant interest in officer safety during these encounters.

When Can Police Order You Out?

Based on Mimms and Wilson, police can order the driver and passengers to exit the vehicle during any lawfully initiated traffic stop.

• Lawful Stop Required: This authority hinges on the initial stop being valid (i.e., based on observed traffic violations or reasonable suspicion of criminal activity). If the stop itself is illegal, any subsequent orders or discoveries might be challenged.
• No Additional Suspicion Needed (for Exit Order): Importantly, for the order to exit the vehicle itself, the officer generally does not need independent reasonable suspicion that you are armed or involved in other criminal activity beyond the reason for the lawful stop. The officer safety rationale applies broadly to routine stops.

What Happens If I Refuse a Lawful Order to Exit?

Refusing to comply with a police officer’s lawful order to step out of your vehicle during a valid traffic stop can lead to serious consequences:

• Criminal Charges: You could likely be charged with Obstructing the Administration of Law or Other Governmental Function (N.J.S.A. 2C:29-1), a disorderly persons offense in New Jersey.
• Escalation: Refusal will almost certainly escalate the situation, increase police suspicion, and may lead to officers using physical force to remove you.
• Arrest: An arrest for Obstruction is highly probable if you willfully refuse a lawful order to exit.

While you have rights during a stop, refusing a direct, lawful order like stepping out of the car is generally not advisable and carries significant legal risks.

Does Exiting the Vehicle Mean Police Can Search Me or My Car?

NO. This is a critical distinction. An officer’s authority to order you out of the vehicle does NOT automatically grant them the right to search your person or your car.

• Searching Your Person (Pat-Down/Frisk): To conduct a pat-down (Terry frisk) of your outer clothing for weapons, the officer needs separate, reasonable suspicion that you are armed and dangerous. Simply being ordered out of the car is not enough.
• Searching Your Vehicle: To search your car, police generally need probable cause to believe it contains evidence of a crime, your valid consent, or another exception to the warrant requirement (like the plain view doctrine). The order to exit does not, by itself, provide probable cause.

You retain your Fourth Amendment rights against unreasonable searches even when you are outside your vehicle.

What Should You Do If Asked to Exit Your Vehicle?

• Comply Calmly: Step out of the vehicle as directed without arguing about the order itself.
• Keep Hands Visible: This helps ensure officer safety and reduces tension.
• Provide Required Documents: If you haven’t already, provide your license, registration, and insurance card.
• State You Do Not Consent to Searches: If police ask to search you or your car without apparent probable cause, you have the right to refuse consent. State clearly and calmly, “Officer, I do not consent to any searches.”
• Ask If You Are Free to Leave: Once the purpose of the traffic stop is concluded (e.g., ticket issued, warning given), you can ask, “Officer, am I free to leave?”
• Remain Silent: You have the right to remain silent beyond providing basic identification and required documents. You do not have to answer questions about where you are going, where you came from, etc.
• Contact an Attorney: If you feel the stop was unlawful, if you were detained longer than necessary, if you were searched improperly, or if you were arrested, contact an attorney like Brett M. Rosen, Esq. as soon as possible.

Frequently Asked Questions (FAQ)

Q: Can police order the driver out of the car for any traffic stop in NJ? A: Yes, provided the initial traffic stop is lawful (Pennsylvania v. Mimms, adopted by NJ).

Q: Can police order passengers out of the car during a lawful stop in NJ? A: Yes, generally (Maryland v. Wilson, followed by NJ).

Q: Do police need a specific reason, like suspecting I have a weapon, to order me out? A: No. For the order to exit the vehicle itself, they generally do not need additional suspicion beyond the lawful basis for the stop. The order is justified primarily by officer safety concerns applicable to all stops.

Q: What happens if I refuse to get out when ordered during a lawful stop? A: You will likely be charged with Obstruction (N.J.S.A. 2C:29-1) and arrested.

Q: If I’m ordered out, can the police automatically search me or my car? A: NO. The order to exit does not create an automatic right to search. Police need separate legal justification (reasonable suspicion for a pat-down, probable cause or consent for a vehicle search).

Q: What if I believe the initial traffic stop was illegal? A: While you should generally comply with the order to exit roadside to avoid escalation and an obstruction charge, the legality of the initial stop is crucial. If the stop was unlawful, evidence found as a result (even after being ordered out) may be suppressed. This is a critical issue to discuss with an attorney.

Contact Brett M. Rosen, Esq. – NJ Criminal Defense Attorney

Understanding your rights during traffic stops is essential. If you were ordered out of your vehicle and believe your rights were violated, or if the stop led to further charges, contact Brett M. Rosen, Esq. He represents clients throughout New Jersey, including Union County, handling traffic matters and criminal defense cases. Call today for a free and confidential consultation.

908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws and procedures regarding traffic stops can be complex and depend heavily on the specific facts of each situation. If you have questions about a traffic stop or believe your rights were violated, you must consult with a qualified New Jersey criminal defense attorney, like Brett M. Rosen, Esq., immediately. Do not rely solely on this information. Contacting Brett M. Rosen, Esq. does not create an attorney-client relationship unless a formal agreement is signed. Results are not guaranteed.