(02-28-2013 11:59 PM)Bull_In_Exile Wrote:  

(02-28-2013 06:54 PM)T-Monay820 Wrote:  What caught my attention was the getting out of the car. I was doing research on that topic, and I can't remember exactly how it was phrased, but the conclusion was that you are pretty much required to get out of a vehicle if requested to do so.

Only if you're being detained which means the person asking may have to answer for probable cause.

Quote:Pennsylvania v. Mimms, 434 U.S. 106 (1977), the Supreme Court "held that police Officers may order persons out of [463 U.S. 1032, 1048] an automobile during a stop for a traffic violation, and may frisk those persons for weapons if there is a reasonable belief that they are armed and dangerous.

If they feel something else suspicious during a pat down that is not a weapon you do not have to show it to them..

Quote:In Minnesota v Dickerson, a man was stopped coming out of a 'notorious crack house' and was patted down in a 'Terry Stop'. The officer noticed something in the man's pocket which he said 'felt to be a lump of crack cocaine in cellophane'. He reached in the defendant's pocket and found some crack-cocaine. The Supreme Court ruled that in order to determine whether the item was crack or not required a further, unwarranted search was necessary which was not acceptable by 4th Amendment standards.

Quote:Its usually state law, and if you don't know the law, you're safer doing it that chancing it. You do what you want, just figured I'd share what I dug up.

The decisions above override any state law on the subject.

Quote:I also agree, as do many defense lawyers, that being helpful to the police and waiving your rights to an extent, will usually prove to be more beneficial than harmful.

Nobody has said otherwise..

Quote:Like explaining why you were speeding might get you out of a ticket. You're most likely screwed in court either way, so trying to talk your way out of it then and there may be better than exercising the 5th.

Like I said if you're speeding that give probable cause for a stop and yes, you should answer and provide ID at that point. You can also be asked to exit your car.

I was agreeing with the majority of what you stated, and just providing what I had researched and my opinions.

As far as the getting out of the vehicles, I was just referring the getting out part if you've been pulled over. Not the frisks. Being told to get out does not require probable cause is what I was trying to say. I just wanted to put out what I had found since you made it sound like you believed that probable cause was required for the police to require you to exit the vehicle.