Transportation Code · U.S. Supreme Court, 1997

Maryland v. Wilson

Maryland v. Wilson is a 1997 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.

Key points

  • Lawful stop
  • Officers may order passengers out of the vehicle (Wilson), as with drivers (Mimms)
  • No additional justification required; the Court did not decide whether passengers may be held for the whole stop
  • Frisk requires independent reasonable suspicion

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Worked examples

Worked example 1

During a lawful traffic stop, an officer orders a passenger to step out of the vehicle. This order:

  1. Requires probable cause about the passenger
  2. Is permitted as a matter of officer safety without additional justification (Maryland v. Wilson) Correct
  3. Is never permitted
  4. Requires written consent
Why: Maryland v. Wilson extended Pennsylvania v. Mimms: officers may order passengers, like drivers, out of a lawfully stopped vehicle without additional justification, for officer safety. The Court expressly did not decide whether passengers may be detained for the entire stop. Frisks still require independent reasonable suspicion that the person is armed and dangerous.
Statute: Maryland v. Wilson, 519 U.S. 408 (1997)