Can a police officer order passengers out of a car pending completion of a traffic stop?

California, United States of America


The following excerpt is from People v. Beniga, F056442 (Cal. App. 3/10/2010), F056442. (Cal. App. 2010):

"[D]anger to an officer from a traffic stop is likely to be greater when there are passengers in addition to the driver in the stopped car. While there is not the same basis for ordering the passengers out of the car as there is for ordering the driver out, the additional intrusion on the passenger is minimal. We therefore hold that an officer making a traffic stop may order passengers to get out of the car pending completion of the stop." ( Maryland v. Wilson, supra, 519 U.S. at pp. 414-415.)

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