Police Interaction

1
Must You Get Out of Your Car During a Traffic
Stop?

• By Benjamin A. Tracy, Columbus Criminal Defense
  Lawyer and Civil Rights Attorney
• Blog Post Must You Get Out Of Your Car During A
  Traffic Stop?
• Koenig Long LLC

2
Lets Imagine the following situation

• The police officer pulled you over at the side of
  the interstate for going 75mph in a 65mph zone.
• Besides this the weather is unpleasant and cold.
• Now the officer asks that you step out of your
  vehicle, he wants to pat you down.

3
Here Are the Possible Answers

• The BEST answer You should definitely get out of
  your car. You should fully cooperate with the
  officer but you should tell him that you do not
  consent to the search
• The CORRECT answer He is not allowed to pat you
  down but you must get out of your car.
• The WRONG answer It is wrong to resist his
  attempts to pat you down and to refuse to get out
  of the car.

4
Useful Information

• The U.S. Supreme Court decided many years ago
  that an officer has the right to order someone
  who has stopped for a traffic violation to get
  out of the car, so in this matter you do not have
  other choices, even if the officer does not have
  a good reason for asking you to get out of your
  car or if the weather is unpleasant.

5
Requests Which May Not Be Refused

• May I please see your license? 
• Would you please step out of your car?

6
Requests Which May, and Should, Be Refused

• Would you please pop your trunk? 
• Would you please open your glove-box so I can
  take a look?

7
What About the Pat Down Search?

• An officer may conduct a pat down search only if
  he has reasonable suspicion or reason to think
  that you are dangerous and armed.
• But our case is different, you have been stopped
  because of fast speeding.
• Conclusion the officer doesnt have the right to
  pat you down because there are no clear reasons
  to believe that you have contraband or weapons,
  in this case the search would simply be a
  fishing expedition.

8
Remember

• A person is never entitled to resist a police
  officer no matter if it is about violating your
  rights or patting you down
• Solution you can come to the court later and
  assert a civil action or attempt to exclude any
  evidence the officer finds during the pat down
  process

9
Conclusion

• The CORRECT answer affirms that the officer is
  not allowed to pat you down
• The BEST answer states that you cannot refuse to
  cooperate
• What you should do Tell the officer you do not
  consent to the pat down process, this way it is
  clear that he does not have your consent if he
  chooses to pat you down

10
Contact Information

• If you recognized yourself in the mentioned
  situation or have been arrested by any Columbus
  law enforcement agency, dont hesitate to contact
  our experts at Columbus Criminal Defense
  Attorneys, for a free initial consultation about
  your legal rights and possible defenses.