DOES A POLICE OFFICER HAVE THE RIGHT TO ASK A PASSENGER TO EXIT A CAR (or an airplane)?
Apropos to UAL passenger Dr. David Dao, the question has boiled over to whether the policeman had the right to demand the doctor’s eviction.
It’s pretty simple. The 8th Circuit US Court of Appeals relying on a SCOTUS decision has determined that a police officer may request the ID of a driver and his passenger. In addition, he may ask them to exit the vehicle; he does not need probable cause.
While these cases dealt with ID’s, the principle remains the same when a driver or passenger is asked to exit a vehicle. A situation that arises more often than not is a police officer asking someone to get out of his or her car following a routine traffic stop. In Pennsylvania vs. Mimms, a person must exit their car if ordered to do so by the police.Feb 27, 2016
The relevance to Dr. David’s case is that he refused to exit when asked. Refusing a police officer’s request is a crime. Regardless of UAL’s poor policies, Dao must leave the plane or face dire consequences which rest upon his level of resistance.
Everything else is irrelevant.