Blog

Do I Need to Get Out of My Car If a Nevada Police Officer Orders Me To?

Posted by Neil Shouse | Aug 22, 2016 | 0 Comments

Do_20i_20need_20to_20get_20out_20of_20my_20car_20if_20a_20nevada_20police_20officer_20orders_20me_20to

If you find yourself pulled over by a Nevada police officer, the police are not violating your constitutional rights by telling you to exit your car. Irrespective of whether you think the traffic stop was justified, you are usually not within your rights to decline a police officer's order to exit your car.

We all remember the horrible July 2015 event that led to Sandra Bland dying in a Texas jail: The cop who pulled Bland over told her to get out of her car after she refused to extinguish her cigarette. Then when Bland declined to exit her vehicle, the cop forced her out. Legally, Bland was probably not within her rights to decline exiting the car.

The U.S. Supreme Court in Pennsylvania v. Mimms (434 U.S. 106 (1977)) held that police officers can order drivers to get out of their vehicles during lawful traffic stops. And in Maryland v. Wilson (519 U.S. 408 (1997)), the Court held that the officer can also order passengers to exit the car during a stop.

However, police are more restricted regarding Nevada search and seizure laws. If the cops overstep their constitutional bounds when searching your car, you can ask the court to "suppress" any evidence found from the illegal search. But if you agree ("consent") to a search, then any evidence found is fair game. That is why people should never consent to a vehicle search.

For California law, see our article What should I do if a California cop tells me to get out of my car during a traffic stop?

Save

Save

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

Office Locations

Shouse Law Group has multiple locations all across California and Nevada. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370