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To: Mad Dawgg

A cop can only order you to put out a cig in your own home if your under detainment or arrest or your house is being searched (under consent or warrant) and the officer feels the cig can be used as a weapon or to alter/destroy evidence. If he just comes to the door to ask you about recent neighborhood crime then he can ask you to put it out, but can’t order you to since you are not detained or arrested. This lady WAS detained. That is the difference.


124 posted on 07/22/2015 10:09:02 AM PDT by TXDuke
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To: TXDuke
He would need to be on the inside of the house to order you to do so and then proceed with detention searches etc. being he would need to have gained lawful entry.

Same goes with a car. He could order her out of the car and if she brought the ciggy with her then he can tell her what to do with it on the grounds the scary girl might burn him with the ciggy, however being that smoking while in a car is not against the law he can ask but ordering and her saying no is the same as saying no to a search.

131 posted on 07/22/2015 10:18:52 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: TXDuke

She wasn’t detained. Are you freaking joking me? He had already issued the warning. She was in her vehicle when he ordered the cigarette be put out.

He detained her AFTER she refused his order. Now you are saying he detained her BEFORE she refused his order.

You are a joke!


132 posted on 07/22/2015 10:20:23 AM PDT by Anitius Severinus Boethius (www.wilsonharpbooks.com - Sign up for my new release e-mail and get my first novel for free)
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