Florida Supreme Court Rules Police Can Remove You From Car During Traffic Stop Drug Sweep

Supreme Court of Florida. Credit Wiki Commons

TAMPA,Florida - The Florida Supreme Court ruled 5-1 that police can order you out of your vehicle during a traffic stop so that a K-9 can conduct a drug search around the vehicle without your consent.

The issue came before the Florida Supreme Court because two Florida District Courts of Appeal had conflicting rulings, with the 2nd District Court of Appeal ruling "no" and the 5th District Court of Appeal ruling "yes" in different cases.

In Florida vs. Joshua Lyle Creller, a plainclothes narcotics officer in an unmarked car asked uniformed Tampa police to make a traffic stop after the narcotics officer claimed to witness Joshua Creller cut through a convenience store parking lot to avoid a red light.

Creller refused to allow a search of his vehicle after he was approached by the uniformed officer who pulled him over.

Police were still completing a traffic citation when a K-9 unit arrived. The K-9 officer, citing his own safety, asked Creller more than once to exit the vehicle.

Police eventually forced Creller from the vehicle after he repeatedly refused.

Creller was charged with resisting arrest without violence. He also faced drug charges after police discovered he was carrying methamphetamine.

"...the weighty interests in protecting the K-9 unit during this lawful traffic stop outweighed the de minimis temporary interference with Creller’s interest in remaining inside the vehicle..." the Supreme Court reasoned in its ruling.

"We hold that binding Fourth Amendment precedent permits a K-9 officer arriving midway through a lawful traffic stop to command the driver to exit the vehicle for officer safety before conducting a lawful vehicle sweep."