Motion to suppress evidence obtained as a result of a suspicionless police order that commanded the driver to step out of a car during a routine traffic stop

This motion relies on new social science research showing that there is no serious risk of violence to police who conduct routine traffic stops to argue that courts should revisit the holding in Pennsylvania v. Mimms, 434 U.S. 106 (1977) (permitting officers to automatically order drivers out of the car during traffic stops) both under federal and state constitutional law. Instead of permitting officers to automatically order drivers out of cars during traffic stops, the motion argues that police should only be permitted to order drivers out of cars when they have reasonable suspicion that the driver poses a danger or is engaged in independent criminal activity – a standard that Hawaii, Massachusetts, and Vermont already use.  This motion can also be adapted to address cases in which police order passengers out of cars under Maryland v. Wilson, 519 U.S. 408 (1997).