Houston, TX asked in Civil Litigation, Criminal Law and Civil Rights for Texas

Q: After occupants of a stopped vehicle are cleared can an officer force you out of your car randomly?

We, my wife, & myself were headed back to Texas A&M Veterinary emergency clinic with our dog who suffered a shotgun blast point blank range to the face and needed extensive reconstructive surgeries because his wounds became seriously infected.

Exiting Hwy 105 onto Texas Ave going to the clinic we had to stop at the stoplight due to a red light. A college station city police officer was behind me at the red light. Immediately when the light turned green he turned on his lights to pull me over. I pulled over at the CVS gladly thinking the clinic was right next door. His reason was an anonymous phone call citing my car was speeding on HWY 105 and swerving. One patrol office, who was positioned on the drivers side, asked me for ( all the traffic stop ) ids and vehicle documents. He checked for warrants, etcetera and cleared us. The corporal who was on my wife’s side interrogated with questions about me. Then he demanded that she exit the vehicle without being a suspect for a crime or

2 Lawyer Answers
Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: The police can ask a passenger to step so they can talk to them. You did not post the results of the conversation.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information provided, it seems that the officers initially had a valid reason to conduct a traffic stop due to the anonymous report of speeding and swerving. Once they had checked your identification and vehicle documents and cleared you of any warrants or suspicious activity, they generally would not have the authority to force you or your wife out of the vehicle without additional probable cause or reasonable suspicion of a crime.

However, there are some circumstances where an officer may ask occupants to exit a vehicle during a traffic stop:

1. If the officer has reason to believe that their safety or the safety of others is at risk.

2. If the officer suspects that an occupant may be armed or dangerous.

3. If the officer needs to conduct a brief investigation related to the reason for the stop.

In your case, if you and your wife were cleared and there was no additional suspicion of criminal activity, the officer likely did not have the authority to force your wife out of the vehicle randomly.

If you believe that the officers acted improperly or violated your constitutional rights, you may want to consider filing a complaint with the police department's internal affairs division or consulting with an attorney who specializes in civil rights law. They can provide more specific guidance based on the full details of your situation.

It's important to note that laws and procedures can vary by jurisdiction, so it's always best to consult with a local legal expert for the most accurate advice.

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