If there is anyone out there that you should listen to when it comes to how to handle being in a traffic stop with an officer, it’s an attorney. This Arkansas attorney and public speaker is here to share the information that you likely know about not having to roll your window down when an officer asks you to is actually wrong.
The best part of this is that he doesn’t make viewers feel dumb for likely not knowing about a case called Pennsylvania vs. Mimms. This case is what led to the understanding that officers have a legal right to order a driver to step out of the car.
Even more interesting, this also led to the motion that if a driver exits the vehicle and gives police a reason to suspect that they are armed, the officer can perform a pat-down. However, this idea seems to have been a bit skewed over the years with the rise of social media.
To prevent anything from happening to motorists who might be pulled over by officers in the future, John Collins shares what you really should do.
Why Police Say You Should Roll Down the Window
The video starts off strong with a large caption that reads, “Just roll down the window.” In it, Collins explains that people on social media have been tooting a narrative in which drivers have the right not to roll their window down or refuse a police order.
More specifically, he said: “Now, we see on social media where people are saying you don’t have to hand your license to the officer, you don’t have to roll down their window, all you have to do is show it to them, and there’s nothing they can do about it.” This is just plain wrong.
This is when he goes over the Pennsylvania vs Mimms case. While he doesn’t go into full detail on the case, he does cite it as being the number one reason why you should just cooperate with police if they ask you to get out of the vehicle.
What Is Pennsylvania vs Mimms?
The case of Pennsylvania vs Mimms happened in 1977 when the US Supreme Court decided that police officers could lawfully order drivers out of their vehicles during a routine traffic stop. When two Philadelphia police officers asked driver Harry Mimms out of the vehicle, they noticed a large bulge in his sports jacket that ended up being a loaded .38 caliber, resulting in an arrest.
Originally, the Pennsylvania Supreme Couty rules in favor of Mimm, stating that the order to exit the vehicle is what constituted the seizure of his weapon in the first place. However, this was overturned by the Supreme Court, establishing that an officer’s safety is of primary concern.
As a result, officers are not only allowed to ask you to step out of the vehicle, but they also have the right to pull you out if you don’t comply. At least, that’s what Collins says above.
Does This Mean You Give Up Your Rights?
Collins ensures that you are not giving up rights when you do this. You still have the right not to answer any questions without an attorney or perform any tests.
However, he does press on that if you don’t get out when asked, then the cops will make sure you do in their own way. He is quoted to say, “according to the Supreme Court, you don’t have the right to sit in your car and not get out if they order you out.”
While there are likely those who will continue to follow the advice given concerning keeping your window rolled up, this information acts as additional information for drivers to do what they wish with.