Does a police officer have the authority to order a person step out of their vehicle without drawing his weapon?

California, United States of America


The following excerpt is from People v. Smith, E032156. (Cal. App. 2003):

Without drawing his weapon, the officer asked defendant to step out of the truck and defendant complied. He was cooperative and the officer had no reason to order him out of the truck. The officer asked if he had any narcotics on his person and he said he did. The officer searched him and recovered two baggies of methamphetamine from his pants pocket.

The People argued that under People v. Glaser (1995) 11 Cal.4th 354, 902 P.2d 729,

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