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Pennsylvania Vs. Mimms, 1977
Case Summary:
During a routine traffic stop, an officer requested that the vehicle occupant step out of the car. As the occupant complied, a large bulge was spotted within his jacket. Following discovery of this bulge, an officer discovered a loaded revolver on the occupant. The occupant was then arrested for carrying a concealed, unlicensed firearm. The search and seizure was found constitutional by the Supreme Court in the ruling that police officers could, in fact, order drivers to step out of their vehicles during a lawful traffic stop.
Backing Facts:
Traffic stops are inherently dangerous for police officers, who, without proper safety measures, may not be able to tell what an occupant inside of a vehicle could be concealing (primarily weapons). In order to preserve officer safety, it’s important that officers be allowed the ability to ask drivers to exit their vehicles.
Related:
- Fourth Amendment
- Terry vs. Ohio
Writer’s Note:
This case is actually pretty interesting — it’s also frequently brought up. Traffic stops are often the situation in which most drivers begin questioning their rights or refusing to step out of their vehicles. In reality, officers likely aren’t trying to trip you up. They’re trying to preserve safety for all parties involved.
References:
Justia. “Pennsylvania v. Mimms, 434 U.S. 106 (1977).” Justia Law, 1977, supreme.justia.com/cases/federal/us/434/106/.
