Legal Definitions - Mimms order

A Mimms order refers to a command given by a police officer for a driver, who has been lawfully stopped, to exit their vehicle. This legal principle originated from the U.S. Supreme Court case Pennsylvania v. Mimms (1977). The ruling established that for the safety of the officer, police do not need additional, independent justification beyond a lawful traffic stop to order a driver out of their car.

Here are some examples illustrating how a Mimms order might apply:

• Example 1: Routine Traffic Stop for an Expired Tag

  A police officer pulls over a car because its license plate registration has expired. As the officer approaches the vehicle, they notice the car has heavily tinted windows, making it difficult to see inside or observe the driver's movements. To ensure their safety and maintain a clear line of sight, the officer instructs the driver to step out of the vehicle and stand by the roadside.

  Explanation: The initial stop for the expired registration was lawful. The officer's command for the driver to exit the vehicle is a Mimms order. The officer did not need to have additional suspicion of a crime or a specific threat; the general concern for officer safety during a lawful traffic stop is sufficient justification under the Mimms ruling.

• Example 2: Investigating a Minor Accident

  An officer responds to a minor fender-bender where no one is injured, but one driver's car is partially blocking a lane of traffic. To safely assess the damage, exchange information, and direct traffic, the officer asks both drivers to exit their vehicles and move to the sidewalk.

  Explanation: The officer's interaction with the drivers constitutes a lawful stop or detention related to the accident investigation. The instruction for the drivers to exit their vehicles is a Mimms order, permissible to ensure safety for all involved and to facilitate the investigation of the scene.

• Example 3: Suspected Equipment Violation

  A police officer stops a vehicle because its headlights are not working properly. When the officer approaches the driver, they observe that the driver's hands are obscured from view by a large bag on the passenger seat. To ensure the driver is not reaching for anything potentially dangerous and to have a clearer interaction, the officer asks the driver to step out of the car.

  Explanation: The stop for the faulty headlights was lawful. The officer's command for the driver to exit the vehicle is a Mimms order. The officer's observation of the obscured hands, while not necessarily indicating a crime, provides a safety rationale that, combined with the lawful stop, justifies the order to exit the vehicle.