Pulled over, detained, searched without consent

[TheGreatGonzo]

imported post

diesel556 wrote:

I think my avenue of complaint will be the fact that the officer ordered me out of my vehicle twice (I responded that I preferred not to after the first request) after running my paperwork. He had no possible reason to order me out of my vehicle, and thereafter to interrogate me.

Then your complaint won't get very far. The US Supreme Court has repeatedly held (see Maryland v Wilson, 2007) that a Police Officer can order a driver or passenger from a vehicle during a traffic stop regardless of whether they believe any violation other than the traffic infraction for which they made the stop has taken place. Actually, the Supreme Court ruled thatthe driver could be ordered out way back in 1977 ( Pennsylvania v. Mimms, 434 U.S. 106). Once you are out of the vehicle, you certainly don't have to answer questions or consent to a search, but you (or your passengers) can be ordered to exit the vehicle without any further cause.

I would think you are better off pursuing the warrentless/non-consent search issue.

Gonzo

 

[codename_47]

imported post

Once you are out of the vehicle, that forecloses on their ability to search the car at that point, so it is a good thing.