In the 1977 case Pennsylvania v. Mimms, the U.S. Supreme Court ruled that police officers can order a driver out of their vehicle after a traffic stop without violating the Fourth Amendment's prohibition on unreasonable searches and seizures. The case arose when Harry Mimms was pulled over for driving with an expired license plate, and upon exiting his car at an officer's request, was found to be carrying a loaded gun without a permit. He challenged his subsequent arrest as unconstitutional under the Fourth Amendment but both lower courts upheld it. In its decision, the Supreme Court held that once a motor vehicle has been lawfully detained for a traffic violation, compelling drivers to exit their vehicles is only minimally intrusive on personal liberty and thus permissible under the Fourth Amendment due to concerns about officer safety.

In the dissenting opinion for Pennsylvania v. Mimms, Justice Marshall argued that the majority's decision to allow police officers to order individuals out of their vehicles during routine traffic stops without any specific reason was a significant infringement on personal liberties and privacy rights. He contended that such an allowance could lead to arbitrary and potentially discriminatory enforcement by law enforcement officials. Furthermore, he disagreed with the majority's assertion that this practice would increase officer safety, arguing there was insufficient evidence to support this claim. Instead, he believed it would escalate tensions between police and citizens rather than reduce them. Overall, Justice Marshall felt the ruling violated Fourth Amendment protections against unreasonable searches and seizures.