Transportation Code · Maryland v. Wilson

Maryland v. Wilson

Maryland v. Wilson is covered under Maryland v. Wilson and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Traffic Stops" on practice exams.

To prove this offense, the State must establish each of the following elements: Lawful stop; Order driver and passengers in or out of vehicle; No additional justification required; Frisk requires independent reasonable suspicion.

Elements you must prove

  • Lawful stop
  • Order driver and passengers in or out of vehicle
  • No additional justification required
  • Frisk requires independent reasonable suspicion

Practice 1 question on this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

An officer ordering a passenger to remain in (or step out of) the vehicle during a lawful traffic stop:

  1. Requires probable cause about the passenger
  2. Is permitted as a matter of officer safety without additional justification (Maryland v. Wilson) Correct
  3. Is never permitted
  4. Requires written consent
Why: Officers may order both drivers (Mimms) and passengers (Wilson) out of a lawfully stopped vehicle without additional justification. Frisks of either still require independent reasonable suspicion of armed and dangerous.
Statute: Maryland v. Wilson, 519 U.S. 408 (1997)