Can You Order Someone to Roll-Down Their Window During a Traffic Stop?

Can an officer order a driver to roll down their windows during a traffic stop?

This comes from an officer in Arizona, where it’s common for vehicles to have dark tinted windows, making it difficult to see inside. As the cover officer, are drivers required to roll down their windows? Since not being able to see into the vehicle can be seen as an officer safety concern, are officers allowed to open the door during a traffic stop?

Let’s break this down.

First, the short answer is yes, officers can order drivers to roll down their windows. Here’s why: The U.S. Supreme Court has ruled that officers can order drivers to exit their vehicles. This was established in the case Pennsylvania v. Mims, which allows officers to order drivers to exit, and Maryland v. Wilson, which extends that right to passengers. The Court has determined that ordering occupants to stay in or exit the vehicle is minimally intrusive and is related to officer safety.

Applying this logic, ordering a driver to roll down their windows can be seen as minimally intrusive and reasonable for officer safety. If the driver refuses to comply and you suspect there may be a safety issue, you can then take the step of removing them from the car.

Now, let’s talk about opening the door during a traffic stop. You can open the door if it’s necessary to remove the driver or passenger from the vehicle, but you can’t just open a door routinely to look inside the car. Doing so without a legitimate reason would be considered a search under the Fourth Amendment and could be challenged in court.

If, however, you have a legitimate reason, such as observing suspicious movements or believing that an occupant is concealing something, opening the door can be justified as an officer safety measure. For example, if you open the door and see a weapon in plain view, that would be permissible. But if you were to open the door just as a standard procedure without any specific concern, it’s unlikely to be upheld in court.

So, to summarize: If you have a valid reason related to officer safety, you can open the door during a traffic stop. Otherwise, it’s best to avoid doing so unless there’s probable cause or reasonable suspicion.

I hope this helps! If you found this information useful, please like and share it with your friends. Stay safe out there!