Can You Be Required to Sit in a Squad Car During a Traffic Stop?

Were you recently pulled over in a traffic stop during which the police officer or other law enforcement officer required you to get out of your vehicle and wait in the squad car? In many cases, a law enforcement official might ask or tell a driver to step out of their vehicle and to walk over to the squad car and to wait inside. This can be a way of attempting to determine whether the driver shows signs of being under the influence of drugs or alcohol when the officer does not otherwise have probable cause to arrest the person for operating a vehicle while intoxicated (OWI). But is this lawful?

In the recent Indiana state court case of Martinez-Orta v. State (2025), the Indiana Court of Appeals, the court clarified that a law enforcement officer can only lawfully require a driver in a traffic stop to move to a squad car under certain circumstances. Otherwise, your rights during the traffic stop may have been violated. Our Indianapolis criminal defense attorneys can explain in more detail, and we can begin working with you on your defense today if you were arrested after a traffic stop.

Getting the Facts of Martinez-Orta

In Martinez-Orta, a law enforcement officer conducted a traffic stop for the driver’s failure to dim his headlights. After the officer stopped the driver, the officer testified that he saw the driver’s eyes were bloodshot and that the driver was slurring his speech. As a result of his observations, to ensure that the driver did not leave the scene, the officer required the driver to exit his vehicle and to sit in the front seat of the patrol car while the officer ran the driver’s license and registration. While the driver was sitting in the patrol car, the officer noticed the odor of alcohol and then obtained a warrant for a chemical test, after which time the driver was arrested for an OWI.

The defendant argued that the requirement for him to exit his vehicle and to sit in the patrol car was unlawful. The Indiana Court of Appeals did not agree with the driver and agreed with the officer’s decision. The court ruled that, when an officer places a motorist in their squad car or police car during a traffic stop, it is reasonable and lawful if the officer’s decision is justified by a circumstance that furthers a law enforcement purpose. In this case, preventing the driver from fleeing justified the officer’s actions.

When an Officer is Not Justified in Requiring a Driver to Move to the Patrol Car

The court in Martinez-Orta distinguished the present case from a previous decision in Lucas v. State (2014), where an officer required a driver to sit in the police car because of an expired license. After the driver in Lucas was in the patrol car, the officer then noticed signs of impairment. The court said that there was no reasonable safety or fleeing concern, and thus requiring the driver to move to the squad car was not reasonable.

You Do Not Have to Give Consent to Move 

You should know that if you are asked to consent to move from your vehicle to the squad car, you likely have the right to say no. A law enforcement officer can always be justified in having a driver move from their car to a patrol car if the driver consents.

Contact an Indianapolis Criminal Defense Attorney for Assistance with Your Traffic Stop Case

If you were pulled over in a traffic stop and required to sit in a squad car, it is essential to discuss your case with a defense attorney who can determine whether your subsequent arrest may have been unlawful. As we discussed above, law enforcement officers cannot require all motorists to move into a squad car, at which point the officer may be able to better determine if the motorist may be under the influence of drugs or alcohol, or may have committed another offense. Instead, as the recent case suggests, there must be a safety issue or concern such that requiring the motorist to sit and wait in a squad car is reasonable. If you have any questions or if you need help with your defense following a traffic stop, one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can assist you. Contact our firm today for more information.=

Source:

events.in.gov/event/appeals-edgar-r-martinez-orta-v-state-of-indiana-24a-cr-1456