Posted on 07/22/2015 8:09:54 AM PDT by Mad Dawgg
(CNN)Anger over Sandra Bland's death in a Texas jail has boiled over after newly released video showed what happened at the traffic stop that led to her arrest.
Now, many question whether she should have been arrested at all.
The dashcam video shows Texas state Trooper Brian Encinia pulling Bland over July 10 for allegedly failing to use her turn signal. What started as normal conversation gets testy after Encinia asks her to put out her cigarette.
(Excerpt) Read more at cnn.com ...
“Have you seen the film where he has her down on the ground? for not using her light for a lane change.”
C’mon, you know better than than. You’re conveniently skipping over everything that transpired between the stop and the time she was on the ground. Are you an LSM reporter? You may have missed your calling.
First, I’ve provided the laws/statutes and resources. If you want to research further then do it yourself. I’ve already proven my case.
Secondly, you are right about the cop not being able to enter the car without a warrant, consent, or exigent circumstances, but that is a completely different issue than what happened here.
Ordering a person out of the car is a lawful order for any reason and the traffic stop gave the necessary probably cause to do it since she was technically detained still.
We may have a better idea of what happened after autopsy.
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.
We already know what happened. She hanged herself in her jail cell. The jail video proves she was alone in her cell.
Because people are morons.
Yourself for example.
I disagree. If Bland was under the influence of drugs or alcohol, it would be more confirmation that the policeman reacted appropriately, and might allow the city to avoid a lawsuit.
Now pray tell, what does ordering a cigarette be put out have to do with the performance of the police officers duties?
See, any order given is NOT a "lawful order". The order in question must be relevant to the duties of authority granted by law. If a police officer ordered you to take the sim card out of your phone and put it in the glove box, that would not be a lawful order because not doing so would not impede his performance and is not part of his authority granted by law.
Just because a police officer tells you to do something, does not mean he has the authority to do so. And what you posted explains that. A person with criminal negligence must interrupt, disrupt, impede, or otherwise interfere with a peace officer while he is performing a duty or exercising authority imposed or granted by law.
Read your own posted words. A police officer does not have the authority to tell you to put out a cigarette.
Apparently you haven't seen this news report! Questions surround woman's apparent suicide death in Waller County Jail
Please cite regulation giving cops authority to tell people to put out cigarette. Also why did he choose to escalate this?
This is why I no longer support cops automatically.
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.
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!
http://m.youtube.com/?#/watch?v=IOF3hwNcEM0
From post by rushismyteddybear:
http://www.freerepublic.com/focus/f-chat/3315074/posts?page=38#38
I believe I’ve already answered this question.
Any order that doesn’t violate State or Federal law (i.e forced sex, sex for favors, etc) and doesn’t violate specified civil rights is assumed by the State to be lawful.
Order a cigarette to be put out is a lawful order because it causes no harm, doesn’t violate the law, and doesn’t violate any civil rights. The cig can be used as a weapon or to mask/alter/destroy evidence so there is also a legal rational for putting the cig out. The police officers duties include investigation and officer safety.
Your sim card example is a violation of State/federal law a lawful order. Ordering a person to jump off of a building is a violation of state/federal law and is not a lawful order. I can give more stupid examples if you want, but lets keep this in perspective. Ordering a person out of a car or to put out a cig is a lawful order.
Oh I have no doubt she killed herself...I have issues with the stop.
Some of the blanket defenders here have even treid to claim the cig was a deadly weapon...yeah maybe in balloon land.....LOL
I agree the cop could have managed this better.
Please read previous posts. I have cited several statutes for obeying a lawful order.
Cars are different under the law. When the window is open, smells of alcohol and drugs can provide cause for warrant searches. Cars are on a public roadway so ‘privacy of the home’ laws do not apply.
Smoking isn’t against the law in the car, but can interfere with his duties so he has the authority to order her to put it out.
that youtube link is not showing me anything but a page that sez what to watch next and is based on my prior viewing habits and has nothing to do with the CNN video in question. Can you get me a direct link to the video in question?
The stop was legal. The cop managed it poorly, but her refusals of lawful orders was against the law regardless.
Again, you apparently know nothing about the law. She was detained from the time he turned on his lights to the time that he told her she could go. That is the law.
He arrested her after she refused his orders. Detaining and arresting are two different things. You are clearly showing your ignorance here.
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