State v. Tawian Bacome(075953)

In this appeal, we clarify the circumstances under which police officers may require a passenger in an automobile to exit a vehicle after a valid stop.

We underscore that the heightened-caution standard we announced in State v. Smith, 134 N.J. 599, 618-20, 637 A.2d 158 (1994), remains the proper test for determining the appropriate ness of ordering a passenger from a car. Under the Smith test, we hold that defendant’s furtive movements inside a recently stopped vehicle provided an objectively reasonable basis for officers’ exercising heightened caution, justifying removal of the passenger.

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In…