Can Passengers Be Ordered to Keep Their Belongings in the Vehicle?

By Anthony Bandiero

Today, we address a query from an officer in Nevada regarding the authority to order passengers to keep their belongings in the vehicle during a traffic stop. This issue arises in the context of conducting a free air sniff, a practice that has been upheld by the Supreme Court in Illinois v. Caballes. While the law is clear on the ability to request passengers to exit the vehicle, the question of whether they can be compelled to leave their belongings behind remains somewhat ambiguous. In this article, we will explore the nuances of this issue, analyze the potential implications, and provide guidance for officers navigating this situation.

The Legal Landscape

Before delving into the specifics of ordering passengers to keep their belongings in the vehicle, it is essential to understand the legal framework surrounding traffic stops and free air sniffs. In most states, including Nevada, a traffic stop can be extended to conduct a canine search if there is reasonable suspicion or consent. However, it is crucial to note that some states, such as New Mexico, Washington, and Pennsylvania, consider the use of a canine during a traffic stop as an intrusion that requires reasonable suspicion. In Nevada, however, the practice is permissible under the Supreme Court's ruling in Illinois v. Caballes.

The Dilemma: Ordering Passengers to Keep Their Belongings in the Vehicle

The officer in question encountered a situation where a passenger agreed to exit the vehicle but insisted on taking their purse and backpack along. This raises the question of whether officers can order passengers to leave their belongings in the vehicle, particularly when conducting a free air sniff. The concern is that if the passenger removes the bag from the car and the canine subsequently alerts to it, the motor vehicle exception may not apply since the bag was not inside the vehicle at the time of probable cause.

The Search for Precedent

While there is no direct case law on this specific issue, it is important to note that the absence of such cases does not necessarily indicate that the practice is prohibited. As I have not come across any relevant cases, it is reasonable to assume that this issue has not been extensively litigated or that lawyers have not pursued it aggressively. However, it is essential to exercise caution and not rely solely on the absence of case law as a definitive answer.

Justification and Officer Safety

To navigate this issue effectively, it is crucial to establish a justification for ordering passengers to keep their belongings in the vehicle. While the Supreme Court has recognized the authority to order passengers out of the vehicle during a traffic stop, it is prudent to provide additional reasoning beyond the de minimis intrusion argument. One compelling argument is to emphasize the importance of officer safety. Traffic stops inherently pose a risk to officers, as they often lack information about the occupants of the vehicle. By keeping the bags in the vehicle, officers can mitigate the potential threat and maintain control over the situation.

The Officer Safety Argument

When presenting the officer safety argument, it is crucial to highlight the inherent dangers faced by law enforcement officers during traffic stops. Numerous court cases have upheld the need for officers to exercise control over the vehicle and its occupants to ensure their safety. By ordering passengers to keep their belongings in the vehicle, officers can prevent ready access to potentially dangerous items while they are outside the vehicle. This argument aligns with the broader principles established by the courts regarding officer safety during traffic stops.

The De Minimis Intrusion Argument

While the officer safety argument is compelling, it is also worth considering the de minimis intrusion argument. The Supreme Court has previously ruled that ordering passengers out of the vehicle during a traffic stop is a minimal intrusion, as the main intrusion has already occurred with the initial detention. By extension, ordering passengers to keep their belongings in the vehicle can be seen as a logical extension of this minimal intrusion. However, it is important to note that relying solely on the de minimis intrusion argument may leave room for a court to demand further justification.

Guidance for Officers

In light of the legal landscape and the absence of direct case law on this issue, it is crucial for officers to approach the situation with caution and provide a clear justification for ordering passengers to keep their belongings in the vehicle. While the officer safety argument is compelling, it is advisable to use it in conjunction with the de minimis intrusion argument. By emphasizing the need to maintain control over potentially dangerous items and prevent unauthorized access, officers can strengthen their position and increase the likelihood of a successful outcome.

Conclusion and Future Outlook

In conclusion, the question of whether passengers can be ordered to keep their belongings in the vehicle during a traffic stop remains somewhat ambiguous. While there is no direct case law on this issue, officers can rely on the established authority to order passengers out of the vehicle and the principles of officer safety to support their position. By articulating a clear justification and emphasizing the need to maintain control over potentially dangerous items, officers can navigate this situation effectively. However, it is important to remain vigilant and stay informed about any developments in case law or legal interpretations that may impact this issue in the future.

As always, it is crucial for officers to consult with their local prosecutors and legal advisors to ensure compliance with state-specific laws and regulations. By staying informed and approaching these situations with a well-reasoned justification, officers can navigate the complexities of ordering passengers to keep their belongings in the vehicle while upholding the principles of law enforcement and officer safety.

Stay safe, my friends.

Anthony Bandiero

Blue to Gold Law Enforcement Training