I have an officer pull a guy over (good stop), asks for his DL, guy says you know my name so you don't need it. Guy refuses to get out, roll down window, give ID, nothing. Officer breaks out his window. I assume that violation of 38.02 P.C. is an arrestable offense and I assume he can break the window and pull the guy out. But does anyone know of case law or statute substantiating that? Thanks ahead of time.

The United States Supreme Court has stated that police officers may order a driver to exit a vehicle without violating the Fourth Amendment's prohibition against unreasonable seizures. Pennsylvania v. Mimms, 434 U.S. 106, 111, 98 S.Ct. 330, 333, 54 L.Ed.2d 331 (1977).

This same action is allowed by article I, section 9 of the Texas Constitution. Rhodes v. State, 945 S.W.2d 115, 117 (Tex.Crim.App.1997).

As such, it is constitutionally permissible for an officer, as a matter of course, to order the driver of a lawfully stopped vehicle to exit that vehicle. Mimms, 434 U.S. at 109–11, 98 S.Ct. at 332–33; Rhodes, 945 S.W.2d at 118–19.

Likewise, because law enforcement officers may order a driver to exit a vehicle, they may also use appropriate forcible means to enforce such an order. See Clark v. Rusk Police Dep't, No. 6:07cv340, 2008 WL 4179322, at *2–3 (E.D.Tex. Sept.8, 2008) (mem.op.);5 see also Barnes v. State, 206 S.W.3d 601, 606–06 (Tex.Crim.App.2006) (upholding conviction of driver for interference with a peace officer's public duties, after police officer had to break out window of car to remove driver from vehicle); Winters v. Adams, 254 F.3d 758, 760–65 (8th Cir.2001) (officers acted reasonably in smashing the windows of a vehicle after the occupants rolled up the windows, locked the doors, and refused to exit); Miller v. Page, No. 04–4198CVCNKL, 2005 WL 3557426, at *7 (W.D.Mo. Dec.28, 2005) (order) (officer did not act unreasonably in breaking vehicle window to extract occupant who failed to respond to request that she roll down window and show her driver's license, and refused to exit car).