Can Florida police require you to exit your vehicle? It depends

On Behalf of | Oct 17, 2024 | Criminal Defense |

Many of our readers may recall a widely reported incident last month when Miami Dolphins wide receiver Tyreek Hill was stopped by Miami-Dade County police just outside the stadium on the way to his game. Hill was pulled out of his car by police, ending up face down on the pavement and handcuffed. 

In the end, he was cited for not wearing a seatbelt and careless driving. Reportedly, what set off the confrontation was that he kept rolling up his window despite repeated orders to leave it down after he was stopped. He said later that he didn’t want fans taking pictures of him during the encounter as they entered the stadium.

The police department issued a statement saying in part that “Mr. Hill was not immediately cooperative with the officers on the scene.” Further, he “refused to sit on the ground and was therefore redirected to the ground.”

What the Florida Supreme Court ruled regarding encounters with K-9 units

This incident has led many Floridians to wonder just what their rights are if they’re pulled over by police. This spring, the Florida Supreme Court clarified one matter: Police have the right to order someone out of their car if they want a K-9 officer to search it for drugs.

While police generally have more leeway to search a vehicle without a warrant than a home or business (in part because a vehicle can drive away), drivers can refuse to allow a search without a warrant. However, the 5-to-1 Florida Supreme Court ruling clarifies that drivers don’t have that right when a K-9 unit is involved. That’s in part for everyone’s safety.

Know your rights

This doesn’t mean that you lose any other rights. These include the right to remain silent (except for providing identifying information), the right against self-incrimination and the right to counsel.

What’s important is to know your rights and your responsibilities, to assert your rights calmly and respectfully and to get legal guidance as soon as possible. If police did violate any of your rights during the search or arrest, this can help ensure that illegally obtained evidence isn’t used against you.