Video Link Here
Posted on 07/21/2015 9:50:36 PM PDT by Dallas59
Saying what they are thinking goes on and on. For hours.
Yup.
No it isnt irrelevant...
There was no lawful reason to ask her to put out a cigarette....therefore there was no lawful reason to order her out of the car after refusing to do so......
A badge is not a license to play simon says.
The stop for all intensive purposes was over at that point except for him him handing her the ticket.....he ran her license....wrote the ticket and was ready to end the stop........the law doesnt even require that she sign it IIRC.
She got lippy about the cigarette and he didnt like it so it’s pretty clear he was gonna teach her a lesson....well he isnt a teacher...he’s a cop....and bet he at least loses his job over it.
In fact I bet a $20 donation to FR on it.
And yes I’m sure she hung herself.
I also wouldnt have handled that stop that way from either party...if I was getting the ticket I’d say “thank you officer”...and if I was writing the ticket I would have dropped it in her lap at that point and said “have a nice day mam’” and went back to my cruser.
Police stops are pretty short if you just do as they say. Sign the ticket. It’s over.
Unless you want to discuss the ticket and go round and round. Get arrested, etc.
I was on the phone with someone once and heard a cop try to escalate a simply traffic stop. That person was calm while the cop yelled like a mentally ill fool. I do not exaggerate.
I have been pulled over when a cop made a false statement to me about the stop. He was fishing. It was exactly the time of night when people are headed home from bars. I was headed home for the gym. I ignored the infraction and received no ticket. He actually looked embarrassed when he realized I was just sweaty and not drunk.
Cops can be wrong.
“A failure to explain their actions to a citizen, either out of malice or ignorance, does not mean a lawful order can be ignored.”
Conveniently for the authorities, if they don’t have to explain their orders, then the citizens have no way of determining if an order is lawful or not.
I would be interested in someone offering a moment by moment legal analysis of what’s happening.
...
I can only guess.
There are certain questions an officer can ask at a traffic stop, such as where you are coming from, and where are you going.
That part of the stop seemed to go fine. I also believe she was right to an extent, by saying she only has to identify herself, show her registration and insurance. However, one of the things an officer can consider is whether the driver is impaired. When he asked about her about being irritated, that’s probably what he was trying to determine. If he thought she could be impaired, than I’d say ordering her out of the car was lawful.
Sorry, I have tried the last part. Have you?
I was a much younger man charged with 'exhibition driving' while operating a car that could not squeal tires going uphill on patch ice. A friend who was riding shotgun, who had not given the officer any flack had his arm slammed in the door (early '60s car) while getting out of the vehicle as ordered.
Contesting the charge resulted in being fined, even though the officer who wrote the ticket was not present in court.
As for any official redress, YGBSM!
Since then I discovered if you want to sort it out, do so calmly, respectfully, at the scene. Otherwise, if that can't be done you are stuck.
That is reality.
I assumed this would be like all those other cases trumped up for political reasons. I was already on the side of the cop UNTIL I watched the video.
Then you go to court and fight it.
The problem with your theory is he doesn’t give the slightest indication that’s what he was thinking after the fact.
Words fail ...
That was one messed up car stop.
It’s pathetic.
It’s obvious which Freepers are at risk of being taken to jail during a minor road stop.
When I’m pulled over, all I want is “show me where to sign”.
So you would agree 100% that the police in the biker shootout were in the right?
Fine. Now show me where being told to put out your cigarette in your own motor vehicle is considered a “lawful order”. By what authority?
Is that in the video or at some other time? What indication did he give?
The trooper, who has been on the force for just over a year, has been placed on administrative leave for violating unspecified police procedures and the Department of Public Safety’s courtesy policy. The agency would not address questions about whether the trooper acted appropriately by drawing his stun gun or pulling her out of the vehicle.
how is asking a person to put out a cigarette in his own car a lawful order?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.