"Step Out Of The Car, Please."

[Pete D.]

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

I'm curious about why/how any one would get into a situation like that. I'm driving forty-seven years and have never been asked to get out of my car by an LEO.
So.....I wonder what you'd be doing to have it happen.

Its 3am,....and......

Not much good happens at three A.M..Unless you've gotta work, it's a good time to be home in bed.

Stay in the car.
Pete

 

[KodiakBeer]

There are plenty of legitimate reasons why a LEO might ask you to step out of your car. A short weave across your lane while adjusting your radio is reason enough for him to suspect impaired driving.

There is no legitimate reason for a LEO to search your car without probable cause. Any suggestion of a search should be (passively and politely) resisted.

 

[Loyalist Dave]

A few things folks, a Terry Search is the stop and frisk of a person, not a car. It was extended to the interior of a vehicle in Michigan v. Long , 463 US 1032 in 1983, because the officers had reasonable suspicion (note that's less than probable cause) based on what they observed about Long, the fact he'd cracked up his car into a ditch, and what they saw in plain view, namely a knife.

I would submit that had Mr. Long been merely stopped for traffic or due to a lookout, without a knife in view, (and not visibly nervous about the 75 lbs. of marijuana in his trunk, as well as his personal stash of weed in his passenger compartment), no search of his car would've been conducted.

An officer can always ask you for a consent search, and they don't need probable cause if you say yes, and according to Long, if they can state a good set of reasons, they can search the passenger compartment.

But Long was in 1983, and in Arizona v. Grant 2009, the SC ruled that a warrantless search of a locked automobile after Grant was placed under arrest on a traffic warrant, a short distance from the locked car, was unconstitutional, for by that time there lacked exigence.

Grant was in 'cuffs, and the car wasn't going to drive away by itself. The SC didn't say the police couldn't search the car, just that they needed a warrant.

Grant v. Arizona might then lessen Long v.Michigan; I would think it would. If a "search-incidental-to-arrest" on a traffic charge does not extend to the defendant's car that he was seen exiting..., I don't see how Long could be applied to folks on a traffic stop without something serious in plain view.

So..., if you are asked or ordered out, locking it behind you might not be a bad idea. Jumping out and approaching an officer is not a good idea.

If the car isn't owned by you, and isn't in your name, or rented/leased by you..., you have no standing to refuse, so don't borrow a car, and don't get stopped in a "company" vehicle.


LD

 

[crazyjennyblack]

would it be an okay idea (I have code lock doors) to leave the keys inside the car when locking it? That way, the only way the cop can get in is if the door is pryed open, which would definitely require a warrant...

 

[rellascout]

If the car isn't owned by you, and isn't in your name, or rented/leased by you..., you have no standing to refuse, so don't borrow a car, and don't get stopped in a "company" vehicle.

Are you stating that I do not have the right to refuse having the car I am driving searched if it is a leased vehicle? Lease is in my name. I have paid sales tax to the state in order to drive it. I have insurance in my name etc.... Does not sound right to me.

 

[geekWithA.45]

A fellow once asked me why I advised transporting handguns on a locked toolbox, wondering if they were imbued with some mystical anti search power.

I told him that it was really about two things, which other posters have already mentioned:

1) Deny giving away any shred of probable cause. A jury may or may not decide that a box that says "Remington" on it may or may not provide probable cause, but it's fair to assert that a toolbox contains tools. Tools are valuable, it's reasonable to lock them up.

2) The lock also provides no mystical anti-search powers, but its breakage provides evidence that the search was not consented to.

 

[gdcpony]

Since I almost always have a weapon somewhere in the car, I just straight out ask. As the LEO approaches I ask if he would like me out of the car/truck/bike as I have a/ an AR-15/Bow/1911 in the trunk/ behind the seat/in the case on the back seat. Most of the time they appreciate it. Since I have nothing to hide, they can waste their time searching all they want. I do insist they ask though. I generally end up (if I'm not in a hurry) BS'ing with them and getting let go.

In my area I was once pulled over while on my motorcycle. I thought Great, here comes a new city boy never seen my bow being carried on my bike before. turns out my tail light was flashing and the bow had nothing to do with it. He just wanted to let me know to get it fixed.

While I am sure there are LEO's out there just looking for an excuse, I don't think it is as common as many make it out to be. As long as I am in the right (except whatever they may have stopped me for), I don't see a problem with being as helpful as possible.

Maybe being military and constantly being searched coming on base has numbed me to it. PMO in Yuma, AZ knew my car to say the least!

 

[Badlander]

I pull over ,wait for the officer with my hands on top of the wheel. when he gets to my window I say good day sir what is the problem. I follow his instructions. Get my ticket or warning and go on my way. In spite of the fact that I look like an ageing Hippie its most often A warning. Some of you make it sound like A huge problem.

 

[Gouranga]

When I was a teenager coming back from the beach, I got pulled over on I-90 in NYS. I left my wallet in the trunk when we left the beach. Being the first time I was ever pulled over and not thinking, I somehow got the idea getting out and getting my license before the officer got there was a good idea.

The second my door opened, I got a "REMAIN IN YOUR VEHICLE AND CLOSE THE DOOR!" over the bullhorn. I don't think jumping out of the vehicle is a good thing.

Also, consider the majority of traffic stops the people will stay in their vehicle and wait for the officer. When you jump out you are already becoming unusual. Now you got out, with you keys in hand, locked the door. The cops is really gonna have his warning lights going off now. Now a good way to do a traffic stop.

In the case I was talking about, I was eventually asked to step out of the vehicle and walk to the officers vehicle with him. I was with friends and he asked me straight out, "Is there anything you need to tell me?". I have no idea what he was getting at. I looked puzzled, said "No, sir." and he gave me my ticket and sent me on my way.

 

[ChristopherG]

People on the internet--even well intentioned people--are not (usually or at least demonstrably) lawyers. They are not a reliable or safe source of legal advice for dealing with Law Enforcement. I understand the fear of creeping/incremental erosion of rights and freedoms: part of the reason I am a LEO is because I love living in a free society and want to keep it free. However, several factors argue decisively for complying with the instructions of LEOs in the field and making your legal argument later--through your lawyer.

First, you probably do NOT know your legal rights (or their limits) in a given situation--say a traffic stop--both because you are not a lawyer (see above) and because you do not know what the LEO is seeing/perceiving, or in what context this stop is taking place for him/her. If you choose to resist or argue with a LEO, and the LEO is perceiving the situation differently than you, the LEO may be perfectly justified in using force against you--the amount of force being totally dependent on what the LEO is perceiving. The only person who knows FOR SURE whether a LEO is exceeding his authority at the time of his/her action is the LEO him/herself.

If a LEO ASKS you for consent or permission for something, and you want to refuse, seek clarification. When I ask someone for consent to search their vehicle (and I do, when I merely suspect there's something illegal in it), they will often ask me, "Can I say no?"--or some variant thereof. And I tell them, "Of course." If I had probable cause, I wouldn't be asking--I'd just impound their car and seek a warrant. If not, I'll watch them and their weed or stolen property or whatever drive away.

If you don't want a LEO to search (or frisk) your vehicle, try to avoid the kinds of situations that raise suspicion or cause concern about violence; but recognize that such situations sometimes descend on law-abiding people out of sheer misfortune. In those situations, comply with instructions and keep yourself safe. If a LEO exceeds his legal authority, file a grievance and take him/her to task for it after the fact. LEO's need to be held accountable--they don't need clever obstructionists in the field.

If a LEO asks you to step out of the car (and this is a euphemism; a LEO who 'asks' you to step out of your car is usually giving you a legal order), and you're not blitzo drunk, then you probably don't know WHY they are giving you this order. The safest course of action is to do what you have been ordered to do, and nothing else, and wait for further instructions. Might a LEO make an illegal search of your car? Yes; and then you can sue him/her.

A final clarification for the OP: a 'Terry stop/frisk' is not something that involves your consent. It is a limited search for weapons in a situation where a LEO has reasonable suspicion that malfeasance is afoot. If you try to stop a LEO from frisking you, and they have a genuine Terry stop on you, then they can use as much force as reasonably necessary to get it done.

 

[wishin]

I've been stopped for moving violations a few times in 53 years of driving. At one time in my life I was driving 150-200k miles a years traveling the Southeastern U.S. on business.

Never has my car been searched in any of those traffic stops, nor was I ever body searched. Just lucky I guess. Consequently, in my experience locking the doors when asked to step out has no merit. (That is if you have nothing to hide).

 

[Art Eatman]

My right foot has always been noted for enthusiasm when near a gas pedal. Since 1958 when I got out of the Army, I've howdied at a cop or two. 120 in a 55 led to a fifteen minute bull-session about guns'n'huntin' with a local highway patrol guy, one time--but he already knew me. The true statement, "Aw, I just washed the car, and I was just drying it off," was an inadequate excuse.

Until just a few years ago, I always was out of my car, license in hand and about as non-threatening in appearance as anybody could be. it was not until my last warning ticket some three or four years back that I was told that today's Texas DPS officers prefer that the driver remain in the vehicle.

Okay, whatever.

 

[medalguy]

I also drove for a living for a good many years, logging about 150K a year. Only one time was I ever asked to step out of the car. I had just left a military installation where I had purchased a considerable number of ammo cans and they were stacked in the back seat of the car. I passed through what I think was a DUI checkpoint, where a very polite officer asked for my license and insurance, and whether I had had anything to drink that afternoon.

After clearing me through the checkpoint, I was about a mile down the road when I noticed a marked police car behind me, lights flashing. I pulled over and was immediately asked to step away from the vehicle with my hands in plain sight. I complied, and a somewhat nervous LEO stepped out of his car with his hand on his revolver although not drawn. He placed me behind my car with my hands on the trunk lid while his partner stood behind me. He proceeded to pull every single (empty) ammo can out of my car and open them, checking for contents. I assume he was one of the officers at the DUI checkpoint.

After satisfying himself that they were indeed empty, only then did he ask where I got the cans and what I was intending to do with them. I showed him a receipt from DRMO where I had just purchased them, and he let me go. He didn't replace any of the cans, just left them on the side of the road for me to clean up.

That's my one and only time to be asked to step away from the car. I guess he had a good reason but he definitely didn't go about the whole thing properly in my opinion.

 

[wishin]

"Aw, I just washed the car, and I was just drying it off"

LOL. Actually done that, but never admitted to it!

 

[jcwit]

I also drove for a living for a good many years, logging about 150K a year. Only one time was I ever asked to step out of the car. I had just left a military installation where I had purchased a considerable number of ammo cans and they were stacked in the back seat of the car. I passed through what I think was a DUI checkpoint, where a very polite officer asked for my license and insurance, and whether I had had anything to drink that afternoon.

After clearing me through the checkpoint, I was about a mile down the road when I noticed a marked police car behind me, lights flashing. I pulled over and was immediately asked to step away from the vehicle with my hands in plain sight. I complied, and a somewhat nervous LEO stepped out of his car with his hand on his revolver although not drawn. He placed me behind my car with my hands on the trunk lid while his partner stood behind me. He proceeded to pull every single (empty) ammo can out of my car and open them, checking for contents. I assume he was one of the officers at the DUI checkpoint.

After satisfying himself that they were indeed empty, only then did he ask where I got the cans and what I was intending to do with them. I showed him a receipt from DRMO where I had just purchased them, and he let me go. He didn't replace any of the cans, just left them on the side of the road for me to clean up.

That's my one and only time to be asked to step away from the car. I guess he had a good reason but he definitely didn't go about the whole thing properly in my opinion.

And he never asked if he could search? My my imagine that.

 

[TXiceman]

mongo, better check....you no longer have to inform or show your CHL. It is still a good idea to go ahead and let them see the CHL with the drivers license. Once they run your license, the DPS database will show you as a CHL.

 

[archigos]

I've never had to get out of the vehicle. However, I'm as accommodating to the officer as I can be without allowing my rights to be infringed. If its at night, I turn off the vehicle and turn on all the lights in the cabin before the officer approaches.
If asked if I have any weapons, my response is just "I possess nothing illegal."

 

[killchain]

People who get out of the car before the officer asks you to tend to get in heaps of trouble. DO NOT DO IT. The officer may think you're being confrontational, and it will get hairy quickly.

Just sit there calmly, with hands in view, and comply. Things like searching, etc. you can say, "I do not consent to that," but if the officer is willing to violate your rights, let him do so... and then nail him later in a court of law.

When you are asked to step out of the car, first TELL the officer what you're about to do, ie: "Sir, I am going to roll my window up first," and then do so slowly, step out, and lock the door and close it.

And if the officer asks, say, "Habit." End of discussion.

Anyone interested should read up on what the Fourth Amendment stands for, and check into court cases that have been related to it. Here's a wikipedia link to get you started.

http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution#Applicability

Hope this helps, guys. REMEMBER, "consenting" and "complying" are NOT THE SAME. You can refuse to consent and still comply.

 

[Kim]

Many years ago when I was a teenager in the car with my to be one day husband he got stopped for speeding by an off duty cop. He put a little blue light on his dash and motioned for him to pull over. This was back in the muscle car days. We did not drink or party. My boyfried got out of the car thinking to be polite and the cop pulled his gun stuck it is his gut and pushed him aganist the car. I was terrified. What if he had shot him accidentally. The cop was very, very mad had his wife with him in the car. I do not recommed getting out of the car.

 

[NavyLCDR]

The only times I've had my car searched have been at the entrances to military bases.

I've been asked to exit the vehicle once by non-military LEO. I was lost, speeding in a neighborhood (42 in a 25 I think). I had my wife and two kids in the car. The stop went as usual, lights came on, I pulled over in the safest place I could find, retrieved the folder with my registration and insurance card from the glove box, put it on my lap, closed the glove box. Retrieved my out-of-state driver's license from my wallet and military ID to validate the driver's license. Rolled the window all the way down, placed my right hand on the steering wheel and my left hand out the window with ID and DL in hand.

As soon as the officer asked, I retrieved the insurance card and registration from the folder on my lap. He went back to his vehicle, came back, handed me my documents and then asked me to exit the vehicle. He went back to between our cars. I got out and followed him to the back of my car. He just said he didn't want to seem to be lecturing me in front of my family but said I should slow down. No ticket. I thanked him and returned to my vehicle and we drove off. Since my wife and two kids were in the car, I did not take the keys or roll up the window or lock the doors, but if alone, I probably would have.

He never said a word about the Taurus SS PT-145 openly carried in plain view in the holster on my belt on my right side. And never asked to see my CPL which is required to have a loaded gun in a vehicle in WA state. Every other stop I've ever had I handled the same way and have gotten more warnings than tickets (I have a chronic lead foot). I have never offered my CPL or mentioned the gun that I carry 95% of the time.

 

[Harley Quinn]

Reading a lot of this, just leads me to conclude not to many real life experience's going on Internet huff and puff

Regards

 

[Shadow 7D]

I have been, never had my car searched, once was just to bs with the officer while he wrote my warning,

the other time I was in the cruiser (front seat BTW) as the deputy was about to deploy with the reserves and I had just come back... I got the ticket, and that county had a nifty little printer right there in the car, so I had to sign twice...But with 20 off of what I was doing, who am I to complain

 

[senior]

pulled over

Been driving for 55 + years and had ONE instance of being pulled over. Worked second shift at the time years ago and having pulled away from the parking lot and drove perhaps 2 blocks, realized i was being lit up. Quickly pulled over, turned on interior lights and sat there with hands on the wheel and engine off. Officer asked if i was aware of reason for stop and told him no, told it was due to one rear brake light being out. Upon telling officer i was unaware and sorry he sent me on my way with a warning to get it fixed as soon as possible and added have a good evening sir. All this was done very professonally and curtiously. To me that encounter left a very positive taste in my mouth for men who do a thankless and dangerous job! If u have nothing to hide, just realize they too wish to go home to their family and comply with orders, if, by chance, an officer requests what u consider an illegal order, do as told and take it up in court LATER!

 

[NavyLCDR]

If u have nothing to hide, just realize they too wish to go home to their family and comply with orders, if, by chance, an officer requests what u consider an illegal order, do as told and take it up in court LATER!

I cannot, will not and never will agree with that statement. There have been many, many people who have consented to searches because they have nothing to hide and end up in legal troubles because something was "found", either that the subject did not know would be a problem, that the subject did not know was there, or that wasn't there before the officer searched.

I, too, want to go home to my family. There is absolutely no reason for me to waive my 4th amendment rights because an officer wants to see what is in the backseat of my car.

Also, by offering blind and unprotested obedience to the officer's orders you are giving away most of your defense in court should you choose to pursue a court case because then you have now placed the onus on yourself in court to prove that you felt coerced into consenting to the rights violation. If you refuse to give consent at the scene, especially repeatedly, now the onus is on the officer to justify his actions to conduct the search without your consent.

If a stranger off the street asked to look in your car, would you let them? I'm sorry but a badge and a uniform makes the person wearing them no more worthy of my trust than the stranger off the street. Trust is earned by behavior, not by clothes or chosen profession.

That said, in my history of open carrying and chronic failure to obey posted speed limits, in almost 30 years of adulthood, I have been asked to waive my rights to an unjustified search once. There was one officer dealing with me and two others called for backup. After dealing with him for 15 minutes, I finally consented to giving him my ID and CPL. With 3 officers present and 15 minutes of not consenting first, I felt I had a pretty good case of coercion and didn't feel like dragging things out at the scene any longer. A short email discussion with the chief of police seemed to fix things as I haven't heard of any harrassment in my town since then.

My "crime" that night? Eating dinner in a restaurant at 5:30 PM with a legally possessed and carried handgun in a holster. The officers obviously had no basis for suspicion of anything and never felt I was "dangerous" to themselves or others because they never felt the need to disarm me - my gun remained in it's holster during the entire encounter. A phone call with the owner of the restaurant confirmed that the restaurant had no problems at all with my gun, they invited me, my friends, my family and our guns to come back anytime and they were extremely pissed at the officers for hassling their customers on their private property without their approval.

I would highly recommend everyone watch this video (and it's not the never talk to police video):
http://www.youtube.com/watch?v=yqMjMPlXzdA

 

[Ledgehammer]

Quote:
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.

You may not get shot - but you might. Maybe you get tased now days. My brother did the old get out of the car before the cop gets to the door thing back in the 80's and he got rocked in the eye and was eating pavement in about 1.5 seconds. Not a good idea dude!