Honest question: Does one have the legal right to refuse to exit the vehicle? Under what circumstances can you refuse, and when can a cop legally force their way into the car and physically remove you?
I know all of this might be academic when we’re talking about goons with a very loose understanding of such trivialities as “the law” and “the Constitution,” but as an intellectual exercise I’d be interested in the answer.
Pennsylvania V Mimms says they can order you out of the car. There is another one dealing with the passenger. Mimms was based on officer safety concerns. But they take that as they can order you out for any reason and so far that has been allowed and not overturned.
So, if it was a lawful traffic stop, you have to comply. If it is an unlawful traffic stop, you probably, IANAL, don’t have a duty to but probably should because you will not likely know whether it was a legal stop or not until well after the fact.
Honest question: Does one have the legal right to refuse to exit the vehicle? Under what circumstances can you refuse, and when can a cop legally force their way into the car and physically remove you?
I know all of this might be academic when we’re talking about goons with a very loose understanding of such trivialities as “the law” and “the Constitution,” but as an intellectual exercise I’d be interested in the answer.
They said she was under arrest so at that point it’s almost certainly legal even if you can win the arrest case itself after the fact.
If she was really impeding them though, it might be a hard win.
Like try blocking a police HQ driveway with your car and see what happens.
Pennsylvania V Mimms says they can order you out of the car. There is another one dealing with the passenger. Mimms was based on officer safety concerns. But they take that as they can order you out for any reason and so far that has been allowed and not overturned.
So, if it was a lawful traffic stop, you have to comply. If it is an unlawful traffic stop, you probably, IANAL, don’t have a duty to but probably should because you will not likely know whether it was a legal stop or not until well after the fact.