Legal Question in Traffic Law in New York
Is it lawful for police to force you to stay in your vehicle during a stop for a minor traffic infraction,
It seems to me that if you are clearly not a threat to the officer and you pose to danger to yourself or others, this action by police may be a violation of your civil wrights.
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1 Answer from Attorneys
When you are stopped by the police, proper procedure is for the officer to request that you remain in the vehicle. Under New York State law, you are required to follow reasonable instructions from a police officer or be charged with interfering with government administration, resisting arrest or one of several other charges. Please understand that when you are stopped by a police officer, they must have reasonable cause for the stop. Reasonable cause is the basis for an arrest. Receiving a simplified traffic summons is the equivalent of an arrest, even for a traffic infraction.
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