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Fourth Amendment traffic stops

Mimms

434 U.S. 106U.S. Supreme Court1977Dec 5, 1977

Summary

A routine expired-plate stop became a major Fourth Amendment rule: police may order a driver out of a lawfully stopped car, but a frisk still needs a weapon-safety justification.

Legal Issue

During a lawful traffic stop, may an officer order the driver out of the vehicle without additional individualized suspicion, and may the officer frisk the driver after seeing a bulge that could be a weapon?

Holding

Yes. The Supreme Court held that ordering a driver out of a lawfully stopped vehicle is a minimal additional intrusion justified by officer safety, and the frisk was reasonable once the officer observed the bulge.

Rule of Law

After a lawful traffic stop, an officer may order the driver to exit the vehicle as a matter of course; if the officer observes facts suggesting the person may be armed and dangerous, a limited protective frisk is permissible.

Court Reasoning

The Court balanced the small additional intrusion of asking a lawfully stopped driver to exit against the substantial interest in officer safety during traffic stops. Because Mimms was already lawfully detained for the traffic violation, the exit order was minimal; the visible bulge then justified a protective pat-down under Terry.

Impact for Officers

Officers may direct a driver out of a lawfully stopped vehicle for safety. The case does not create a free-standing search power: the frisk still requires a safety basis such as a suspicious bulge or other facts suggesting a weapon.

What Officers Can Do

During a lawful traffic stop, ask the driver to step out of the vehicle. If specific observations suggest the driver may be armed, conduct a limited pat-down for weapons.

What Officers Should Avoid

Do not treat Mimms as automatic permission to search pockets, containers, or the vehicle. Do not skip the separate justification needed for a frisk.

Common Misunderstanding

Mimms allows the exit order as a matter of course, but it does not make every frisk during a traffic stop automatic.