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Pennsylvania v. Mimms | 434 U.S. 106 (1977)
Under the Fourth Amendment, people have a right to be free of unreasonable intrusions on their personal liberty. A police traffic stop is an intrusion. A driver’s exit from the vehicle, if ordered by the officer, is another intrusion, albeit an incremental one. In Pennsylvania versus Mimms, we take a look at the reasonableness of an incremental intrusion resulting from an officer’s policy of routinely ordering drivers from their vehicles without regard to suspicion of wrongdoing.
Two Philadelphia police officers stopped a car to issue a traffic summons for an expired license plate. The car was driven by Harry Mimms. One officer had a policy of ordering all drivers out of stopped vehicles, even drivers pulled over for traffic violations. Despite seeing nothing unusual, the officer directed Mimms out of his car. Mimms complied. Once Mimms had alighted, the officer noticed a potential concealed weapon under Mimms’s jacket. A frisk revealed a concealed, loaded revolver tucked inside Mimms’s pants. Mimms was arrested and indicted for carrying a concealed, deadly weapon and carrying an unlicensed firearm.
The trial court denied Mimms’s motion to suppress the firearm evidence, so the prosecution entered the revolver into evidence at trial. Mimms was convicted and appealed to the Pennsylvania Supreme Court, arguing that the officer’s order to exit the vehicle was an unconstitutional seizure. According to Mimms, the firearm evidence was fruit of an unconstitutional search because its discovery directly resulted from an exit order that unreasonably infringed on Mimms’s liberty. The court agreed. The state then appealed to the United States Supreme Court, which granted cert.
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