VIBANCO

Defendant Arthur Moreno Vibanco was a passenger in a Cadillac that was stopped by two police officers based on their observations of a cracked windshield and a missing front license plate. (Veh. Code, §§ 5200, 26710.) There were four people inside the car. Defendant, the right rear passenger, attempted to walk away from the car stop but was ordered by the officers first to stay inside the car and then to exit it. While one officer was focused on the driver, the second officer asked defendant for identification. Defendant gave the officer a suspected forged driver’s license. He was later charged by information with six felonies and one misdemeanor. He filed a motion to suppress evidence (Pen. Code, § 1538.5), contending that the officers unlawfully detained and searched him. The trial court granted the motion, finding that defendant was unlawfully detained “when he attempted to walk away from a stopped car in which he was a mere passenger.” The case was dismissed and the People appeal.

In this case we are asked to determine whether officers may, pursuant to a lawful traffic stop, reasonably order a passenger to stay in or step out of the car for officer safety reasons,…