Police tell you to get out of your car. Do you legally have to in Texas?
A viral video of a traffic stop involving King Harris, the son of rapper T.I., is raising questions about what drivers are actually required to do when they’re pulled over by police.
Video circulating online shows Harris refusing to step out of his car after an officer said he wanted to move Harris away from a firearm seen on the vehicle’s dashboard.
According to TMZ, the stop happened Sunday, April 12 in Georgia after police said Harris was speeding, driving over 70 mph in a 45 mph zone.
During the encounter, officers told him he was legally required to get out, citing Supreme Court rulings.
That raises a key question: Do you have to get out of your car if police tell you to in Texas?
Here’s what the law says.
Do you have to get out of your car if police tell you to in Texas?
Yes. According to Fort Worth criminal defense attorney Craig Dameron, police officers in Texas have the legal authority to order you out of your car during a traffic stop.
That authority is backed by U.S. Supreme Court rulings, including Pennsylvania v. Mimms and Maryland v. Wilson, which allow officers to control the scene for safety reasons.
In Texas, officers also have broad discretion during a stop, especially when they’re investigating a traffic violation.
“The issue gets to be who’s right or who’s wrong, and if you don’t comply with the commands of the officer, he’ll find a reason to arrest you,” Dameron said. “A lot of times the officer will have reasonable suspicion to further investigate additional crime, or if they observe probable cause, so the officer does have a lot of leeway to ask somebody to step out of the car.”
Courts have also ruled that requiring drivers or passengers to exit a vehicle does not violate constitutional protections during a lawful stop.
What happens if you refuse to get out of the car?
Refusing to follow an officer’s command during a traffic stop can quickly escalate the situation.
Dameron said officers may treat that as interfering with their ability to do their job.
“For instance, say the person won’t get out of the car. If the person delays the officer’s investigation, officers do use this tool called interfering with public duties,” he said. “That’s much more common. Officers use this not just for people who don’t get out of the car, but for not fully cooperating or doing things that slow them down while they’re investigating.”
In some cases, refusing to get out of the car could also lead to charges like resisting detention, depending on how the situation unfolds.
Even if you believe the stop was unfair, Dameron said the roadside is not the place to argue.
“If you’re having a conversation with an officer, and he’s not agreeing with you, it’s probably not at that moment,” he said. “If he’s writing you a ticket, you should sign the citation, and then later you can consult with an attorney or dispute it in court.”
What makes an officer’s order ‘lawful’ during a traffic stop?
Dameron said a lawful order generally includes commands tied to safety or an ongoing investigation.
For example, an officer may ask someone to step out of the car to separate them from a weapon, confirm their identity, or follow up on something that raises suspicion.
“In itself, the traffic stop is probably enough,” Dameron said. “In most circumstances, if an officer has pulled you over for reasonable suspicion, probable cause or a traffic violation, then he is investigating a crime, even if it is only a Class C misdemeanor.”
