Facts
- Philadelphia officers stopped Harry Mimms for driving with an expired license plate.
- During the stop, an officer ordered Mimms to exit the vehicle and produce his license and registration.
- As Mimms stepped out, the officer observed a large bulge under Mimms’s jacket.
- The officer conducted a pat-down frisk and found a loaded .38-caliber revolver.
- Mimms was charged and convicted of firearms offenses after the trial court denied his motion to suppress the gun.
- The Pennsylvania Supreme Court reversed, reasoning the exit order was an unjustified seizure absent specific facts suggesting danger or criminal activity.
- The U.S. Supreme Court granted review.
Issues
- Whether, after a lawful traffic stop, ordering the driver to exit the vehicle is an unreasonable seizure under the Fourth Amendment.
- Whether an officer may conduct a Terry pat-down after observing a bulge in the driver’s clothing following the exit order.
Decision
- The U.S. Supreme Court reversed the Pennsylvania Supreme Court and reinstated the conviction.
- The Court held that, once a vehicle is lawfully stopped for a traffic violation, an officer may order the driver to exit the vehicle without additional, case-specific suspicion.
- The Court further held that the observed bulge provided specific, articulable facts supporting a reasonable belief Mimms was armed, making the protective frisk reasonable under Terry v. Ohio.
Legal Principles
- Fourth Amendment reasonableness is assessed by balancing the government interest against the incremental intrusion on personal liberty.
- During a lawful traffic stop, an officer may direct the driver to exit the vehicle as a safety measure; the added intrusion is minimal compared to officer-safety concerns.
- A protective pat-down is permissible when specific, articulable facts would cause a reasonable officer to believe the person may be armed and dangerous.
- Evidence found during a lawful Terry frisk following a lawful stop and permissible control of the driver’s movements is not subject to suppression on Fourth Amendment grounds.
Conclusion
The Court held that officers may, as a general rule, order a driver out of a lawfully stopped vehicle, and may conduct a Terry frisk when observable facts—such as a conspicuous bulge—support a reasonable belief the driver is armed and dangerous.