If an officer asks you to step out of your car

[Sinster]

can he or she lawfully give you a pat down? On my way to work today I notice a truck pulled over. The person exited the vehicle and I watched the cop pat the person front pockets.

 

[ntomsw]

Are you sure it wasn't a reach around?

 

[Lsgun1]

Don't know why they'd ask you to step out unless they had probable cause to want to search/pat you down.

 

[Swamp_Yankee]

Don't know why they'd ask you to step out unless they had probable cause to want to search/pat you down.

Clearly not been on this planet long, eh?

 

[soloman02]

Its called a terry stop.

For their own protection, police may perform a quick surface search of the person’s outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on "specific and articulable facts" and not merely upon an officer's hunch. This permitted police action has subsequently been referred to in short as a "stop and frisk," or simply a "Terry frisk". The Terry standard was later extended to temporary detentions of persons in vehicles, known as traffic stops; see Terry stop for a summary of subsequent jurisprudence.

The rationale behind the Supreme Court decision revolves around the understanding that, as the opinion notes, "the exclusionary rule has its limitations." The meaning of the rule is to protect persons from unreasonable searches and seizures aimed at gathering evidence, not searches and seizures for other purposes (like prevention of crime or personal protection of police officers).
Contents

Terry v. Ohio - Wikipedia, the free encyclopedia

In the United States, a "Terry stop" is a brief detention of a person by police[1] on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.

The name derives from Terry v. Ohio, 392 U.S. 1 (1968),[2] in which the Supreme Court of the United States held that police may briefly detain a person whom they reasonably suspect is involved in criminal activity;[3] the Court also held that police may do a limited search of the suspect’s outer garments for weapons if they have a reasonable and articulable suspicion that the person detained may be “armed and dangerous”.[4] When a search for weapons is authorized, the procedure is known as a “stop and frisk”.

To have reasonable suspicion that would justify a stop, police must be able to point to “specific and articulable facts” that would indicate to a reasonable person that a crime has been, is being, or is about to be committed.[5] Reasonable suspicion depends on the “totality of the circumstances”,[6] and can result from a combination of facts, each of which is by itself innocuous.[7]

The search of the suspect’s outer garments, also known as a patdown, must be limited to what is necessary to discover weapons;[8] however, pursuant to the “plain feel” doctrine, police may seize contraband discovered in the course of a frisk, but only if the contraband’s identity is immediately apparent.[9]

In some jurisdictions, persons detained under the doctrine of Terry must identify themselves to police upon request. In Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177, the Court held that a Nevada statute requiring such identification did not violate the Fourth Amendment’s prohibition against unreasonable searches and seizures, or, in the circumstances of that case, the Fifth Amendment’s privilege against self incrimination.

Terry stop - Wikipedia, the free encyclopedia


And this "reasonable suspicion" bullshit is one reason we have many problems nowadays. It gave cops far too much leeway.

 

[Another_David]

Don't know why they'd ask you to step out unless they had probable cause to want to search/pat you down.

they will tell you a number of reasons for officer safety:

to separate from others in the vehicle (car full or people)
so they can stand off the road further away from vehicle (anywhere really)
because they can't see in the vehicle ( tinted windows, etc.)

that's what they tell the judge anyway...

same thing in NYC, only you don't need the car

 

[Lsgun1]

Been stopped plenty of times and never asked to get out thats all.

 

[Hush]

So youre making assumptions about the traffic stop from your car as you drive by without knowing any of the facts? Cops do a lot of things, some constitutional, some not. Your best bet is to learn your constitutional rights cold, and know how to assert them.

 

[john m]

Are you sure it wasn't a reach around?

Terry towel stop. Martha can use that on the campaign trail!

 

[2A_Esq.]

Its called a terry stop.

+1

And this "reasonable suspicion" bullshit is one reason we have many problems nowadays. It gave cops far too much leeway.

Add "person of interest" to the list.

 

[Sinster]

So youre making assumptions about the traffic stop from your car as you drive by without knowing any of the facts? Cops do a lot of things, some constitutional, some not. Your best bet is to learn your constitutional rights cold, and know how to assert them.

Chill spaz... No assumption is being made. Take your head of your ass and read the original post over.. this time slowly

 

[slap shot]

She can

 

[Serapis]

You need "reasonable suspicion" for a Terry stop. MV infractions do not count. Maybe it was something more.

 

[Sinster]

She can

It depends on what she looks like like

You need "reasonable suspicion" for a Terry stop. MV infractions do not count. Maybe it was something more.

It could of been. I was just wondering about the pat down..

 

[alphawolf]

Are you sure it wasn't a reach around?

 

[Jason Flare]

A CT cop said to me, "I can haul you out of your car for anything I want."

I checked with a CT lawyer and he said that is true in CT and the other 49 states.

 

[Glasgow Grin]

Absolutely.

can he or she lawfully give you a pat down? On my way to work today I notice a truck pulled over. The person exited the vehicle and I watched the cop pat the person front pockets.

 

[RichLec]

If a officer ever asks you to step out of your car make sure you close your door and lock it. They will try to use an open door/ unlocked door as an invitation to search illegally..

 

[soloman02]

If a officer ever asks you to step out of your car make sure you close your door and lock it. They will try to use an open door/ unlocked door as an invitation to search illegally..

Just don't leave the keys inside when you do that....

 

[Sinster]

Just don't leave the keys inside when you do that....

That would suck.

 

[RichLec]

Just don't leave the keys inside when you do that....

Well yea make sure you take your keys!

 

[GJH86]

Man, it all depends on the circumstances. If it is a REQUEST or if they ASK to search then surrender nothing. You do not have to let anyone search your $H&$ on consent alone. If it is an ORDER then you have the devil's choice: comply and maybe go home. Refuse and surely end up in cuffs. Your call...only you know what you got on you/in your car.

 

[knoxy]

The one time I was asked to step out of the car, I was arrested, finger printed, mug shots, and spent the day in the can, and got shaken down for $500.

All for a "clerical error".

Did I mention I hate cops?

 

[qman]

Don't know why they'd ask you to step out unless they had probable cause to want to search/pat you down.

reasonable suspicion is reason enough for a pat down, no need for probable cause.

 

[P. Lopes]

^^ that happened to me also, it sucked bad, i had to pay court fees and everything.
all because someone at the registry messed up>

 

[gunslinger2a]

Just don't leave the keys inside when you do that....

Unless you have a keyless car that can be opened when you are standing within five feet of the door when the FOB is in your pocket :-/


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