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Old May 28, 2010, 01:24 PM   #126
gc70
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Join Date: May 24, 2005
Location: North Carolina
Posts: 2,903
Quote:
In Mimms you say that once a detention is done, they can order a driver out of the car. That presupposes probable cause.
Probable cause is not needed.

You may want to read Mimms more carefully. The Pennsylvania court thought probable cause or reasonable suspicion was needed, but the US Supreme Court disagreed.
"The Pennsylvania court did not doubt that the officers acted reasonably in stopping the car. But the court nonetheless thought the search constitutionally infirm because the officer's order to respondent to get out of the car was an impermissible "seizure." This was so because the officer could not point to "objective observable facts to support a suspicion that criminal activity was afoot or that the occupants of the vehicle posed a threat to police safety.""

"We do not agree with this conclusion."
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