Being pulled over is inherently stressful, but the anxiety spikes if an officer orders you to step out of your vehicle. Many New Jersey drivers wonder if they have to step out of the car during a traffic stop when order by a police officer.
The short answer? It depends entirely on whether you are the driver or a passenger.
The Law for Drivers During a Motor Vehicle Stop
Yes – If you are the driver, you must comply with a police officer’s request for you to step out of the vehicle. Under the U.S. Supreme Court decision in Pennsylvania v. Mimms, 434 U.S. 106 (1977), law enforcement officers have the absolute right to order a driver out of a vehicle during a lawful traffic stop.
The Court reached this decision by balancing two factors:
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Officer Safety: Traffic stops are notoriously dangerous for law enforcement. The Court determined that removing the driver from the vehicle reduces the likelihood that the driver can access a hidden weapon or use the vehicle itself as a weapon.
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De Minimis Intrusion: Because the driver is already lawfully detained for the traffic violation, the Court reasoned that the additional step of forcing them to stand outside the car is a de minimis (minimal) intrusion on their personal liberty.
What Officers Are Looking For: When an officer uses their Mimms authority to order you out of the car, they are usually trying to escalate the investigation. As you exit, they are observing your balance and coordination (looking for signs of DWI), looking into the car for plain-view contraband, and checking for the smell of alcohol or drugs on your person.
Know When and How to Fight – It is always in your best interests to comply with a police officer’s verbal commands on scene – even if you think the stop or command is not lawful. The proper place to litigate and question the officer is inside the courtroom before a judge who can determine the legality of the officer’s conduct. An experienced criminal defense lawyer can analyze the evidentiary issues in the case a file a motion to the suppress any evidence seized or move for a dismissal of the charges if the officer did not have probable cause to stop your vehicle.
The Bottom Line – What Drivers Need to Know
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Officers do not need to explain their reasoning or have independent suspicion of a crime to issue this order.
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Refusing to step out of the vehicle can quickly lead to criminal charges for obstruction or resisting arrest.
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The courts justify this blanket rule by prioritizing officer safety during unpredictable roadside encounters.
The Law for Passengers During a Motor Vehicle Stop
Maybe – New Jersey law provides significantly stronger constitutional protections for passengers. The New Jersey Supreme Court ruled in State v. Smith, 134 N.J. 599 (1994), that an officer cannot just routinely order a passenger out of a car just because the vehicle was pulled over for a traffic violation. However, the court find that there may be circumstances, which fall below a reasonable suspicion (that a passenger is engaged in criminal activity or is armed and dangerous), but may still make it possible to order a passenger to step out of the car. The court reviewed this issue again in State v. Bacome 228 N.J. 94 (2017) and clarified that when there is “heightened caution” (ie. furtive movements—such as suddenly reaching under a seat or leaning over the center console as the officer approaches) – that unpredictable movement creates a legitimate safety risk, satisfying the standard for an exit order.
It is important to note that under federal law (Maryland v. Wilson, 519 U.S. 408 (1997)) that police officers have the same blanket authority to order passengers out of a car as they do drivers. However, New Jersey is one of the only states in the country that actively rejects this federal standard. The New Jersey Constitution (Article I, Paragraph 7) grants citizens broader privacy protections than the U.S. Constitution. Using this authority, the New Jersey Supreme Court established strict protections for passengers through two landmark cases: State v. Smith ( referenced above) and
The Bottom Line – What Car Passengers Need to Know
An officer cannot order a passenger out of the car on a whim or as a fishing expedition. Unless the passenger is acting suspiciously, refusing to keep their hands visible, or there is visible evidence of a crime (like a weapon or drug paraphernalia in plain sight), the passenger retains their constitutional right to remain seated. If you are a passenger and the police officer does order you to step out of the vehicle, it always best that you comply and fight the case later when you go to court. Noncompliance with an officer’s commands at the scene can lead to an escalation with more charges or even hurt your chances to have the case later thrown out through a suppression motion.
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Police must be able to point to specific, articulable facts that warrant “heightened caution.”
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Suspicious movements, visible contraband, or a refusal to keep hands visible will justify a passenger exit order.
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If no objective danger or independent criminal suspicion exists, a passenger can lawfully remain seated.
How to Protect Your Case on the Shoulder of the Road
If an officer commands you to exit the vehicle, you can comply while simultaneously making sure to protect yourself and not sacrifice your constitutional rights. To ensure you do not inadvertently damage a future defense strategy, keep these core principles in mind:
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Comply with physical commands: Step out of the car slowly, avoid sudden movements, and keep your hands visible at all times.
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Close the door behind you: As you exit, it is always a smart idea to close the door behind to prevent the officer from having a wide open advantage point to look into your vehicle or side compartment of your door. This can also prevent an overzealous officer from a warrantless search of the interior.
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Verbally establish your rights: Calmly state, “I am stepping out because you ordered me to, but I do not consent to any searches.”
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Exercise your right to silence: Refuse to answer probing questions about where you were coming from or going, your passengers, the car’s contents, or whether you have consumed any drugs or alcohol.
