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Cake day: June 9th, 2023

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  • However, all other instances outside of those enumerated above appear to be unlawful reasons for ordering a passenger out of the car. For example, if the stop is concluded and the cop wants to talk to you about an unrelated matter. This would be an unlawful seizure. The Mimms case made it clear that while an officer may order an individual out of the car for legitimate safety concerns, the officer is not entitled to ask a driver out of the vehicle in every single instance in which he wants to speak with the occupants. See Pennsylvania v. Mimms, 434 U.S. 106 (1977).

    That’s literally you’re own link. Pulling a driver over on the highway and asking them to step out and move to the shoulder grass is fine. Asking them to exit the car, on a side street is not a safety issue.