Page 139 - North Carolina 2020 Legal Guide

Task: Ordering Driver and Passenger from Vehicle

Maryland v. Wilson, 519 U.S. 408 (1997).

An officer may order the driver and passengers to exit any lawfully

stopped vehicle for the duration of the traffic stop.

Caution: The Court has not defined what degree of force, if any,

would be justified in removing a driver or passenger where the driver

or passenger refused the officer’s command to exit the vehicle.

See also, Pennsylvania v. Mimms, 434 U.S. 106 (1977).

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