"Step Out Of The Car, Please."

[Packman]

Ok, I'm curious as to how people handle the situation wherein you're asked to step out of the car.

Specifically, I'm curious as to how this dovetails into refusing a search, including a Terry Search.

I've heard people advocate only rolling down the window enough to talk to the cop, then rolling up the window and taking the keys, locking the door behind you on the way out. However, I doubt very highly that the officer is going to let you roll up the window in his face.

Also, if you close and lock the door behind you, but the window is still down, does that allow the officer to conduct a Terry Search, in order to secure the area?

Would the ability of the officer to search the vehicle "for his safety" extend to locked compartments separate from the passenger area, like a locked pickup bed with hardcover, or a trunk?

 

[General Geoff]

Never been asked to step out of the car by an officer, but if I were, I would indeed roll up the window and lock the doors before exiting.

The car I usually drive is a 2-door and has a separate trunk that cannot be accessed without a key (no interior release). I keep the interior of this car free of loose articles (I don't like them flopping around while cornering), so the officer would have no probable cause to search the vehicle from visible articles alone. I don't see how anything in a locked trunk could possibly pose a threat to his safety.

 

[mongo4567]

I drive a little fast so I get pulled over occasionally. I've been asked to step out and been patted down a few times over the years....usually jumpy, young city officers. The last time it was a rookie, the Lt that came up in a seperate car even lightly teased him about it "you're patting down someone with a CHL?". You must present your CHL along with DL in Texas. State troopers have been nothing but professional. They just mention up front "I don't want to see your firearm or have you reach for it, but do you have a firearm on your person or in the car?". I sometimes have a firearm in the console along with the insurance card. When they ask for the insurance card I let them know; several have said they don't need to see the card, one even asked me to just retrieve it slowly.

I haven't been asked to search the car in over 20 years, but I would decline if asked. I have nothing to hide, but I would just choose to decline. I don't feel any need to lock the car. I would ask to speak with a shift supervisor if they ever tried to search without my permission. I do try to make things easier for the officers; I always pull off the roadway, roll down the window, turn off the car, and keep my hands on the top of the wheel.

 

[TexasRifleman]

Yep, step out of the car, take the keys with you, and lock the door.

ACLU recommends if the officer ask you why you locked it you simply say "habit" and nothing else.

And 99.9% of the time none of us here have anything to hide or anything to fear from a search, but I'm just a stickler about that whole "rights" thing I guess.

 

[Owen Sparks]

You should have more than enough time to get out of the car and lock the door behind you before the officer approaches. That will make it hard for him to claim that he smells something. If they ask you the old double loaded trick question: "You do not have anything illegal in there do you, mind if I take a look? Say "Wait officer, If you have to ask permission, doesn't that mean that you do not have probable cause?" If you really do have something to hide the safest place is on a female passenger as they will have to call in a female officer to search her and they usually don't bother with that unless you give them a good reason.

 

[nyresq]

if they were to search a compartment that was locked without your permission, nothing would be admissable in court as it would be illegally obtained. However if it was illegal, you would not get whatever it was given back to you either...

Several different courts upto and including the Federal appeals level have ruled that anything visible through a window in a locked car is considered to fall under the "plain view" exception. So even if you lock the car, if it can be seen, it is admissable in a court case qs evidence.
And of course if you are arrested for any reason as the driver, the car can be impounded and have a full inventory made of everything, even in the trunk ornother seperated compartments.

 

[cassandrasdaddy]

You should have more than enough time to get out of the car and lock the door behind you before the officer approaches. T

you really get outa the car when pulled over? before the cop can get to your car? or just read about it? how has it worked out ? in your experience only

 

[cassandrasdaddy]

or at least proposed the concept on the internet

 

[phoglund]

You should have more than enough time to get out of the car and lock the door behind you before the officer approaches.

I wouldn't try that...leads to a very nervous LEO.

 

[nyresq]

In ALL of the places I have worked or spoken to other cops that have, jumping out of your car when pulled over is a sure way to get stuffed in the dirt because "you were attempting to flee" or at the very least get a gun (or several) pointed at you and then ordered to lay face down in the mud...

Really, really stupid idea, the more I think about it the more I can picture someone getting shot because they did that and happened to be driving a similar car and matches the description of a BG who shot at a cop 5 minutes prior...

 

[General Geoff]

You think a cop is going to shoot someone just because they stepped out of their car?

 

[Water-Man]

You stay in your car until asked to get out. Period.

 

[Packman]

Yeah, for the record, Stay in your car until you're TOLD to get out. My scenario picks up there.

I don't like the taste of asphalt.

 

[cbrgator]

I am not stating a fact, but it could be possible that hopping out of the car when you are pulled over and standing next to it may give rise to some type of reasonable suspicion for a search because you are not conducting yourself as a reasonable person what.

Akin, to the the fact that a police officer can detain you if he sees you running from him even if you never make contact prior to the chase. If he sees you at a distance and you take off, he can give chase and detain you. All based on the logic that you are not conducting yourself as a reasonable person.

 

[cassandrasdaddy]

but its sounds macho on the internet. in a fantasy kinda way

 

[LiENUS]

but its sounds macho on the internet. in a fantasy kinda way

When I get pulled over I step out of my car, approach the cops car while hes still running my plates and let him off with a warning.

 

[TX expat]

I'm curious as to the logic behind the 'lock your doors' advice. If a police officer has decided to search your car, legal or not, he'll just take the keys off of you wouldn't he? I guess I'm trying to say that if he's going to exceed his authority, what difference would the locked door make if the keys were accessible to him? I could see some potential benefit if you had the electronic keypad and could lock him out completely but I'm assuming that I'm not the only guy here without that option!

 

[LiENUS]

I'm curious as to the logic behind the 'lock your doors' advice. If a police officer has decided to search your car, legal or not, he'll just take the keys off of you wouldn't he? I guess I'm trying to say that if he's going to exceed his authority, what difference would the locked door make if the keys were accessible to him? I could see some potential benefit if you had the electronic keypad and could lock him out completely but I'm assuming that I'm not the only guy here without that option!

In an illegal search he is going to have to frisk you to find the keys. Most officers around here have dash cams that show what happened. It's a lot easier for you to prove non consent when he frisked you for your keys vs the door being unlocked or you handing him the keys.... In theory that is IANAL and really who knows what a judge would decide. But it does give you a better visual representation of what actually happened.

 

[TexasRifleman]

I'm curious as to the logic behind the 'lock your doors' advice. If a police officer has decided to search your car, legal or not, he'll just take the keys off of you wouldn't he? I guess I'm trying to say that if he's going to exceed his authority, what difference would the locked door make if the keys were accessible to him?

If you leave the door open it's easier for a claim of "plain sight" and hard for you to refute since you "helped" him see more.

Also, it puts the officer on somewhat of a notice that you are not going to lay down your rights. That alone may give him pause before going further.

If he is going to violate your rights anyway sure, he will take the keys, but the more you do to make it difficult to have your rights violated the less likely it is to happen.

Truth be told it's extremely rare anyway but why make it easy if you do happen to run across one of the few that try to push the limits?

 

[TX expat]

In an illegal search he is going to have to frisk you to find the keys. Most officers around here have dash cams that show what happened. It's a lot easier for you to prove non consent when he frisked you for your keys vs the door being unlocked or you handing him the keys.... In theory that is IANAL and really who knows what a judge would decide. But it does give you a better visual representation of what actually happened.

Thank you, I figured I was missing something and that makes a great deal of sense if there is only a video recording with no audio.

 

[Steve Raacke]

When asked to exit the vehicle I get out, lock the door and walk to the rear. Simple as that.

 

[nyresq]

You think a cop is going to shoot someone just because they stepped out of their car?

Its 3am, a cop was just shot less then a mile from where you are and the BG is driving a car like yours, vague description matches you and the cop behind you lights you up, you pull over and as soon as the car is stopped you jump out and start messing with something silver and reflective (your keys since you want to lock the door)... what you have just done would be considered by 99% of the population to be suspicious and the facts known to the officer at the time was there was a cop killer on the loose in your area, driving your car and looks like you and you just jumped outnof your car for no reason, those are the facts the officer will be judged against.
A cop just learned one of his brothers was killed and you match the description... do you think there is a good chance you will be looking at the wrong end of a gun in about half a second? Most likely, even with the most seasoned vetern street cop.

Do you think its possible that cop has been on the force for less then a few years and may not be thinking clearly?
Do you think there may be a chance he is at the end of a double shift and is running on pure adrenalin right at that moment?
Do you think he is out for blood since one of his own was just killed by some <colorful word>

If you answer no to all those questions and think the scenario is never possible, go ahead and jump out. You think it may happen but every cop makes perfect judgement calls 100% of the time, jump out...
But if you think any of those questions are plausable, or if you dont want to get slammed into the pavement face first, better to stay in the car with hands visible and await further instructions.

And for those who think keys could never look like a gun, a good lawyer will have a hundred pictures of keys to show the jury in lowlight that will have every member of the jury thinking they are looking at the counter in a gunshop...

I used to work with a guy who shot and wounded a guy who pulled a three musketeers bar out of his pocket while being chased... no charges were ever brought against him and the civil suit never saw a court room with a settlement being offered...

 

[scaatylobo]

Either we are getting our collective leg pulled = or someone here must like to be proned out at gun point whenever he/she gets pulled over.
I was LEO [ and firearms instr & D/T isntr ] and I can state without a doubt that doing such is cause to be taken down in a felony arrest procedure.
And remember that is in NYS,not in a backwoods area.
Guess as was stated,either some like that 'proneout' position = or a B.S. alarm is going off somewhere.

 

[staggerlee213]

You think a cop is going to shoot someone just because they stepped out of their car?

Shot with their pistol? Probably not.

Hit with the taser? More than likely. I submit youtube.com as evidence for my conclusion.

 

[ColdDeadHand]

Once when I was about 17 I got pulled over at night.

One officer spoke to me at the driver's side while a second officer sneaked over to the passenger side and just barged in and began rummaging through my vehicle. The passenger I had just dropped off had not locked her door. I hadn't checked it.

They did find stuff behind the seat of the truck and my lawyer later told me that pleading a 4th Amendment rights violation in Monroe County, Illinois is a complete waste of time and I would get the book thrown at me. I made a deal and paid some fine, but it sure was an expensive lesson to learn.