LETS CLEAR THIS UP
Once And For All
IN DEDICATION TO SANDRA BLAND
I’m reading that many current and former Law Enforcement Officials, and pro-police lawyers, are stating that the police have the right to order a person out of their vehicle, for ANY reason. NOT TRUE! Such a request has to fall under the legal “Reasonableness Doctrine,” Such a request would have to hold up under the scrutiny of a judge or jury. ALL LAW IS BASED ON THE CONCEPT OF “REASONABLENESS” (at least in theory).
Let’s take this argument that police have the legal right to order someone out of their vehicle, for ANY reason, to its logical conclusion. A woman is sitting in her car waiting for her child to get out of school. An officer orders her to exit her vehicle. She complies. The officer, after leerily looking at her for several minutes, informs her that she can get back into her car. When the woman asks, “What was that about?” the officer replies, “I just wanted to get a good look at your legs.” NOOOOOOO!
There is no such thing as the “WILLY-NILLY, CARTE BLANCHE RIGHTS DOCTRINE,” to cover the asses of police officers.
A fellow FB contributor (Mike) believes the Officer had a right to order Sandra Bland out of her car. I have copied part of our conversation.
ME: An officer CANNOT arbitrarily (whimsically) order a driver out of a vehicle. They need to be able to articulate “reasonable suspicion” (RS) that the person or vehicle contain contraband, the fruits of a crime, that the person presents an imminent reasonable fear of death, or Serious Bodily Injury to the officer, another person, or even the driver themself. In addition, the PO can order one out if in fact RS exists that the driver/occupant committed a crime, or fails to produce ID. I do not believe that any of these occurred in the Bland case. The alleged traffic violation does not rise to the level of a “crime.”
The PO in this case, did have the legal right to ASK Sarah to distinguish the cigarette, but could not ORDER her to do so. Since everyone has the right to refuse a request, and an order would have been illegal, there was no legal justification to insist that she exit her vehicle.
All of this is also conditional that the PO had a right to stop the vehicle in the first place, where in this case, if what the officer is saying is true, he did have the right.
MIKE: So what you’re saying is that if I feel like I didn’t do anything wrong, I can just call the PO a pussy and tell him to fuck off? She didn’t have to get out? She behaved properly the whole way through given the situation, and is a model for how everyone should behave when pulled over? Amazing.
ME: I can’t tell you the number of times I was called worse Mike. Follow this closely. I have never shared this with anyone other than with officers. FIRST night on the street, I stop a woman for flagrantly going through a red light. She gives me the requested driver’s license, registration card, but not the requested insurance card. When I politely again requested the insurance card, she angrily screams at me,
“You can eat my pussy on my period, and suck
my son’s big dick.”
I wrote her a ticket for going through the red-light, and failure to produce evidence of insurance. No other action was taken. It’s called Freedom of Speech Mike. It’s a beautiful thing.
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