Passenger In Car Stopped By Police Must Stay At Scene

By Amy E. Feldman

PHILADELPHIA (CBS) - If you are a passenger in a car that is stopped, are you obligated to wait while the driver is questioned?

Last month, a driver in Georgia was stopped by the police; he was arrested when he admitted that he had no license. As the police were cuffing the driver, a passenger in the backseat of the car when it was stopped jumped into the driver's seat and drove away in the car. The police identified the passenger turned driver and issued a warrant for his arrest. Which raises the question: if you're a passenger in a stopped car, are you free to leave?

The Supreme Court has held that when police stop a car, a reasonable passenger would not believe himself free to leave. Even when the wrongdoing is only bad driving, in the interest of public safety and the safety of the police, a passenger would not be free to leave the scene and can face charges just by doing so, even if she personally is not accused of any wrongdoing.

The police's job is tough enough. If you're in a car that is stopped, sit still.