If you’re pulled over in Maryland, you might wonder what your rights are—and what the police can legally require you to do. One common question is: can a police officer order you out of your car during a traffic stop? The short answer is yes—but with important limitations.
Police Authority During a Traffic Stop
Under both federal and Maryland law, law enforcement officers may order a driver or passenger out of a vehicle during a lawful traffic stop. This authority comes from the U.S. Supreme Court decisions in Pennsylvania v. Mimms (1977) and Maryland v. Wilson (1997). These rulings allow police to prioritize officer safety—even in routine traffic stops—by removing occupants from the vehicle.
In Maryland, courts have consistently upheld these rulings, meaning if you’re pulled over, the officer can legally direct you to step out of your car, even without specific suspicion that you’re armed or dangerous.
Do You Have to Comply?
Yes. If an officer gives you a lawful order to exit your vehicle, refusing to comply may lead to further charges, such as:
- Obstructing or hindering a police officer
- Failure to obey a lawful order
- Resisting arrest, if the situation escalates
Even if you believe the stop is unjustified, it’s best to comply and address any violations through the court system—not on the roadside.
When Can You Challenge the Order?
While officers have broad discretion, they cannot use the traffic stop as a pretext for unlawful searches or detentions. If you’re ordered out of your vehicle and subsequently searched without a warrant or valid exception (like probable cause or consent), any evidence found may be suppressed under Fourth Amendment protections.
An experienced Southern Maryland criminal lawyer can file a motion to suppress evidence if your constitutional rights were violated during the stop.
What If You’re a Passenger?
Passengers also have limited rights during a stop. Police can order passengers out of the vehicle for safety reasons. However, unless there’s independent suspicion, they generally can’t detain or search passengers without consent or probable cause.
Know Your Rights, Protect Your Case
Being pulled over can be stressful, but understanding your rights helps you stay calm and avoid further trouble. If you’ve been charged after a traffic stop, especially if the officer’s actions went beyond what the law permits, don’t face it alone.
A knowledgeable Southern Maryland criminal lawyer can help review the legality of the stop, challenge any improper searches, and fight to have evidence excluded if your rights were violated.
Arrested after a traffic stop?
Contact Southern Maryland Criminal Defense for a confidential consultation. Let us fight to protect your rights and your future.
