State v. Mendez

In State v. Mendez, 137 Wn.2d 208, 970 P.2d 722 (1999), the Court held that a police officer may, incident to stopping a car for a traffic violation, "take whatever steps necessary to control the scene, including ordering the driver to stay in the vehicle or exit it, as circumstances warrant," but that, "with regard to passengers, . . . an officer must . . . be able to articulate an objective rationale predicated specifically on safety concerns . . . for ordering a passenger to stay in the vehicle or to exit the vehicle to satisfy article I, section 7." Mendez, 137 Wn.2d at 220. Whether such an articulable, objective rationale exists depends upon the circumstances at the scene of the traffic stop. 137 Wn.2d at 221. In deciding whether to direct a nonsuspected, nonarrested passenger into or out of a vehicle, an officer may consider a number of nonexclusive factors, none of which would, in isolation, necessarily satisfy the objective rationale standard. The Court acknowledged in Mendez that, where "the purpose of the officer's interaction with the passenger is investigatory," the officer must meet the higher Terry standard. Mendez, 137 Wn.2d at 220, 223. The Mendez factors include "the number of officers, the number of vehicle occupants, the behavior of the occupants, the time of day, the location of the stop, traffic at the scene, affected citizens, or officer knowledge of the occupants." Mendez, 137 Wn.2d at 221. The Court held that, upon stopping a vehicle for a traffic violation, a police officer may order passengers into or out of the vehicle only if the officer is "able to articulate an objective rationale predicated specifically on safety concerns." Id. at 220. The circumstances at the scene of the stop determine whether such an articulable, objective rationale exists. Id. at 221. In weighing those circumstances, the officer may consider several nonexclusive factors, none of which, standing alone, would automatically meet the objective rationale standard: "the number of officers, the number of vehicle occupants, the behavior of the occupants, the time of day, the location of the stop, traffic at the scene, affected citizens, or officer knowledge of the occupants." Id.