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712 So. 2d 787

Docket No. 97-2129.

Borski v. State

Michael P. BORSKI, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1998-06-17

Relies on Pennsylvania v. Mimms · Maryland v. Wilson · Asarco Incorporated v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1998-06-17

How this case has been cited

Cited by 3 later decisions — most recently July 2017

3 state decisions

10199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*788 Raymond C. Miller of Raymond C. Miller, P.A., Fort Lauderdale, for appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellee.

¶3STEVENSON, Judge.

¶4We affirm appellant's convictions for resisting an officer and battery on a law enforcement officer, as we hold that Deputy Poston, after lawfully stopping appellant's vehicle and conducting a field sobriety test, could lawfully order appellant to return to his vehicle for the remainder of the traffic stop.

¶5In Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977), the Supreme Court set forth a "bright line" rule, holding that a police officer conducting a lawful traffic stop may, consistent with the Fourth Amendment, order the driver to exit the vehicle even when the officer has no reason to suspect foul play from the driver. In reaching this holding, the Court balanced the de minimis incremental intrusion on personal liberty in requiring a person already lawfully stopped to spend his detention outside his vehicle against the "legitimate and weighty" interest in protecting the officer against criminal attacks and the hazards of passing traffic. Id. at 110-11, 98 S.Ct. 330. In Maryland v. Wilson, 519 U.S. 408, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997), the Court extended the holding in Mimms to allow officers to order passengers out of a lawfully stopped vehicle.

¶6We believe that the rationale of Mimms and Wilson applies with equal force to uphold the constitutionality of a police officer's directive to the driver to remain in, or return to, the vehicle during a lawful traffic stop. See United States v. Moorefield, 111 F.3d 10 (3d Cir.1997); State v. Mendez, 88 Wash. App. 785, 947 P.2d 256 (1997); State v. Webster, 170 Ariz. 372, 824 P.2d 768 (Ct.App. 1992).

¶7AFFIRMED.

¶8STONE, C.J., and FARMER, J., concur.

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