Code of Criminal Procedure · U.S. Supreme Court, 1977

Pennsylvania v. Mimms

Pennsylvania v. Mimms is a 1977 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.

Key points

  • Lawful traffic stop
  • Officers may order the driver out without further justification (Mimms); passengers too (Maryland v. Wilson, 1997)
  • Frisk requires independent reasonable suspicion of armed-and-dangerous

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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:

  1. Refuse — Texas law gives drivers a right to remain seated
  2. 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
  3. Refuse without consequences
  4. 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