The relationship between citizens and law enforcement is much more contentious than it was decades ago. Many Americans distrust police officers. As such, some drivers may be, let’s say, less-than-inclined to comply with every request or order from law enforcement at a traffic stop. For instance, some drivers may wish to simply display their state-issued driver’s license to a police officer through the window rather than handing it over upon request.

A police officer may not demand to handle your driver’s license, but they may remove you from the car if you refuse

Years ago, a viral image showed a driver holding a driver’s license up to their car window as police officers looked on. Above the license, a sign displayed the driver’s assertions to law enforcement. One portion read “Any ticket can be left under the windshield. I am not required to sign anything and I am not required to hand over my license.”

Unfortunately for that driver and others with the same mindset, that’s a gateway to serious issues. According to a legal analyst with KHOU 11, drivers must produce a license and registration when requested. Refusing to physically hand it over could lead to a driver’s removal from the vehicle. 

In fact, the American Civil Liberties Union (ACLU), an organization that educates Americans on their rights, recommends that you comply with the request. “If the officer asks, show your driver’s license, registration, and proof of insurance.” However, they are quick to remind drivers that they don’t have to consent to a search. 

For instance, in the 1997 United States Supreme Court decision following the case of Maryland v. Wilson 519 U.S. 408, an officer may order occupants to exit the car while they conduct their stop. The decision states that “An officer making a traffic stop may order passengers to get out of the car pending completion of the stop,” per Justia. 

And that Pennsylvania v. Mimms, 434 U. S. 106 (1977) ruled a police officer may order a driver to exit the vehicle without violating their Fourth Amendment rights. These are Supreme Court decisions that impact all drivers at the federal level.

Frankly, it might be time to revisit some of those decisions, considering the older of the two is almost 50 years old. And in the information age, it’s all too easy to document both law enforcement officers (LEOs) and citizens misbehaving and simply doing the wrong thing. Still, every driver needs to know their rights during a traffic stop. Check out the ACLU page here for details on your rights when interacting with law enforcement.