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Rinaldo v. State5/16/2001
quests at a valid roadblock and must "accept the minor inconvenience which they may endure." Jones, 438 So. 2d at 438. Refusing to interact with an officer and allow the officer an opportunity to observe the driver for signs of impairment defeats or frustrates the very purpose of the roadblock, i.e., to detect impaired drivers. Here, appellant's conduct both before and during the roadblock was sufficient to raise reasonable suspicion that he was engaged in criminal activity, i.e., obstructing or attempting to obstruct or oppose an officer during the lawful execution a duty. Officer Williams observed appellant drive past the roadblock without stopping and then refuse to roll down his window or open his door when approached. Appellant insisted on keeping his door closed, even after Williams opened it, leading the officer to believe that appellant was trying to prevent him from having a clear view inside his vehicle. In addition, appellant hesitated in handing over his driving documents and appeared, along with his "vocal" passenger, to be deliberately interfering with the officer's performance of his roadblock duties. These circumstances gave the officer reason to believe that appellant was engaged in obstructive conduct. They additionally gave the officer reason to fear for his safety and to order appellant out of his vehicle.
In Pennsylvania v. Mimms, 434 U.S. 106 (1977), the Supreme Court held that a police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle. Mimms balanced the public interest in officer safety against the driver's personal liberty rights, concluding that the "legitimate and weighty" interest in protecting the officer's safety against criminal attacks outweighed the de minimis intrusion to a driver already lawfully stopped. 434 U.S. at 110. See also Doctor v. State, 573 So. 2d 157 (Fla. 4th DCA 1991)(following Mimms and holding that "when a police officer lawfully stops a car for a traffic infraction, his order to the driver or passenger to get out of the car is reasonable and permissible under the Fourth Amendment even though at the time of the stop the officer has no reason to suspect foul play from the particular driver or passenger").
Mimms, however, is distinguishable from this case in that it involved a traffic stop that was based on a traffic violation, rather than a DUI checkpoint. Reasonable suspicion, according to Popple, is necessary for a police officer to order an occupant to exit his vehicle. Id., 626 So. 2d at 187 (an officer's direction for one to exit his vehicle is a seizure requiring reasonable suspicion for detention). Thus, while we do not conclude that the bright line rule in Mimms applies to a routine roadblock stop, we hold that where an officer, after conducting a valid roadblock stop, develops reasonable suspicion that the driver has committed or is committing a criminal or traffic violation, the officer may lawfully order the driver to get out of the vehicle.
Arrest Outside Jurisdiction
Finally, we agree with the trial court's determination that the Mutual Aid Agreement entered into evidence permitted Hallandale Police officers to assist the Cooper City Police Department in conducting a sobriety checkpoint and authorized Officer Williams to arrest appellant outside his jurisdiction.
CONCLUSION
Based on the foregoing, we find no error in the trial court's denial of appellant's motion to suppress.
AFFIRMED.
WARNER, C. J., and LENDERMAN, JOHN C., Associate Judge
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