4th Amendment
1977

Pennsylvania v. Mimms

434 U.S. 106 (1977)

The Supreme Court ruling that anchors one of the POP phrases. Plain-English summary below, with the precise phrase to invoke and when to use it.

Phrase to invoke
"I am stepping out of the vehicle. I am going to remain silent."

When to use this phrase Timing

Any time an officer orders you out of the vehicle. Comply calmly and quietly — refusal can elevate the encounter — then keep invoking silence. The act of stepping out does not strip you of any Fourth or Fifth Amendment protection you already had.

The ruling in plain English

The Supreme Court held that once a vehicle has been lawfully stopped, the officer may order the driver to step out of the vehicle without any additional suspicion. Compliance with that order is required. Stepping out does not waive the Fifth Amendment — you can remain silent while standing outside the car, and the officer's authority to speak to you does not expand just because you are now standing in the open.

Pennsylvania v. Mimms, 434 U.S. 106 (1977)

Use This Phrase During Your Stop

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