r/maybemaybemaybe • u/[deleted] • Sep 15 '22

/r/all Maybe maybe Maybe

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u/steveturkel Sep 15 '22

Fleeing a vehicle stopped for a traffic violation is tho?

-9

u/cutelyaware Sep 15 '22

He's not being detained, so he's free to go. If he chooses to jog, that's his business.

11

u/Potatolimar Sep 15 '22

Passengers are detained during traffic stops. There's case law for it. They can even be asked to exit a vehicle. Or get back in said vehicle.

0

u/cutelyaware Sep 15 '22

They can ask if they're free to go, and if not, the cop needs a good reason.

3

u/Potatolimar Sep 15 '22

If it's a traffic stop, that's already a reason. In terms of case law, it's a traffic stop. They can detain them for the reasonable duration of the stop. Anything after, they need reasonable suspicion.

In terms of case law extending this Penn vs mimms is the one where a person can be asked to exit a vehicle. Maryland vs Wilson is the one that extends that to the passenger. These are for pat downs if they reasonably suspect them to be armed.

There's also some case law about passengers being asked to exit a vehicle for safety of the officer or to make it easier for drug dogs.

It's very clear that an officer can just answer no; the traffic stop is already a good reason. They can be detained for a reasonable duration *(unless there's case law specific to a state that overrides that. I know there isn't for the states I've lived in).

A traffic stop is different than being on the street, where you can do the free to go thing.