Code of Criminal Procedure · Pennsylvania v. Mimms
Pennsylvania v. Mimms
Pennsylvania v. Mimms is covered under Pennsylvania v. Mimms and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search & Seizure" on practice exams.
To prove this offense, the State must establish each of the following elements: Lawful traffic stop; Order driver/passenger out without further justification; Frisk requires independent reasonable suspicion of armed-and-dangerous.
Elements you must prove
- Lawful traffic stop
- Order driver/passenger out without further justification
- Frisk requires independent reasonable suspicion of armed-and-dangerous
Practice 1 question on this topic
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Worked examples
Worked example 1
SCENARIO. Officers conduct a lawful traffic stop. Smelling alcohol on the driver, they ask the driver to step out of the vehicle. The driver may:
- Refuse — Texas law gives drivers a right to remain seated
- Be ordered out as a matter of officer safety; ordering a driver (or passenger) out of a lawfully stopped car does not require additional justification Correct
- Refuse without consequences
- Demand a warrant first
Why: Officers may order drivers (Mimms) and passengers (Wilson) out of a lawfully stopped vehicle without additional justification, in the interest of officer safety. Frisks of those occupants still require independent reasonable suspicion that they are armed and dangerous.
Statute: Pennsylvania v. Mimms; Maryland v. Wilson