Passengers’ Rights at Traffic Stops

Passengers in a car pulled over at a traffic stop are in a sticky position. They are not operating the vehicle, so they cannot be arrested for DUI or cited for traffic infractions. When law enforcement pulls a car over, passengers may not know what to do.

Can the police order a passenger to stay in the car or get out of the car?

Yes, courts have concluded that police can either order passengers to stay in or get out of the car during a traffic stop. Reasoning centers on concern for police officers’ safety and need to exercise control over everyone who is stopped, especially in a situation when passengers outnumber the officers at the scene. Maryland v. Wilson, 519 U.S. 408 (1997); Pennsylvania v. Mimms, 434 U.S. 106 (1977); United States v. Williams, 419 F.3d 1029, 1034 (9th Cir. 2005). The interest in safety and control outweighs the minimal intrusion on the passenger’s interest in liberty and freedom of movement. Officers also can order passengers to keep their hands visible. United States v. Moorefield, 111 F.3d 10 (3rd Cir. 1997)).

Can the police ask for a passenger’s identification?

Yes, courts generally have found that police may ask for a passenger’s name and identifying information, such as by asking for a driver’s license or identification card. At least one court has said that knowing someone’s name serves important government interests because it could tell the officer whether the passenger is wanted or has a criminal record. Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177 (2004).

Can police search or frisk a passenger?

No. Officers cannot pat down passengers or search the passenger compartment without a reasonable suspicion that the passenger is armed and dangerous. They may search the passenger compartment for other reasons, such as seeing evidence of a crime inside the car, but pat-downs are not permitted without more. Arizona v. Johnson, 555 U.S. 323 (2009); Michigan v. Long, 463 U.S. 1032 (1983). Failing to show hands or follow other police commands could lead to reasonable suspicion that a passenger is armed and dangerous. United States v. Taylor, 716 F.2d 701 (9th Cir. 1983).

Can passengers challenge a traffic stop’s legality in court?

Yes, passengers are protected from unreasonable search and seizure during a traffic stop under the Fourth Amendment. If a passenger was searched by an officer and believes that officer did not have probable cause or a warrant for the search, the passenger can challenge the stop. Brendlin v. California, 551 U.S. 249 (2007).

Were you arrested for driving under the influence of drugs during a DUI traffic stop? Seek out a DUI attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now teaches other attorneys and law enforcement about sobriety testing techniques and defends Oklahoma drivers charged with DUIs. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.