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originally posted by: MoreBeer
originally posted by: concerned190
originally posted by: MoreBeer
a reply to: blackthorne
Nope.
She probably didn't want to lose her new job and suffer the embarrassment of her horrible behavior.
How was her behavior horrible? The cop had her ticket ready to be signes, he had no right to make her leave her vehicle as he citation was already taken care of, I hope people find him and beat his ass. I wouldn't have put my cig out either, your vehicle is an extention of your home. You do not even need a permit to have a firearm in your vehicle because it is an extention of your home.
Well at least you have an example of how not to act if you want to keep smoking your cig in your car during a police stop.
Certain segments of the population think they do not have to listen to authority and that laws do not apply to them.
Civilized people don't act that way.
originally posted by: MoreBeer
a reply to: Rocker2013
Of course, I'm not a right winger.
Shocking I know.
Just someone who is feed up with criminals being put on a pedestal and looked at as some kind of martyrs.
originally posted by: MoreBeer
a reply to: Rocker2013
Of course, I'm not a right winger.
Shocking I know.
Just someone who is feed up with criminals being put on a pedestal and looked at as some kind of martyrs.
originally posted by: concerned190
originally posted by: MoreBeer
a reply to: Rocker2013
Of course, I'm not a right winger.
Shocking I know.
Just someone who is feed up with criminals being put on a pedestal and looked at as some kind of martyrs.
What was her crime?
originally posted by: MoreBeer
originally posted by: concerned190
originally posted by: MoreBeer
a reply to: Rocker2013
Of course, I'm not a right winger.
Shocking I know.
Just someone who is feed up with criminals being put on a pedestal and looked at as some kind of martyrs.
What was her crime?
resisting a lawful order
resisting arrest
assault on a police officer
originally posted by: bigfatfurrytexan
originally posted by: MoreBeer
originally posted by: concerned190
originally posted by: MoreBeer
a reply to: Rocker2013
Of course, I'm not a right winger.
Shocking I know.
Just someone who is feed up with criminals being put on a pedestal and looked at as some kind of martyrs.
What was her crime?
resisting a lawful order
resisting arrest
assault on a police officer
Baloney. There was no lawful order given. THe officer/department may assert that it was lawful...but it wasn't.
Her arrest was illegal.
Her assault was self defense.
So again...what crime was she performing that led to her arrest?
originally posted by: MoreBeer
resisting a lawful order
In a traffic stop, is it legal for an officer to order a driver to put out a cigarette and exit the car?
Ms. Bland has a right to smoke in her car, but Trooper Encinia could argue that the cigarette was interfering with legitimate police business. Since he had already processed the papers, however, “I don’t see a good reason,” said Robert Weisberg, a criminal procedure expert and law professor at Stanford University.
During a traffic stop, a police officer has the right to ask a driver to get out of the car even for a non-arrestable offense, as a way of securing his own safety. The officer has almost complete discretion and the driver is legally obligated to get out when asked. “He has control over the location of drivers,” Mr. Weisberg said. “It is equal to an officer patting you down to see if you have a gun.”
In this case, Mr. Weisberg said, there is no evidence that Trooper Encinia feared for his safety. He would have to argue that Ms. Bland’s refusal to put the cigarette out gave him the impression that she was violent. If Trooper Encinia had feared for his safety, he would not have walked away from the car for five minutes, Mr. Weisberg said.
Link
originally posted by: mOjOm
originally posted by: MoreBeer
resisting a lawful order
In a traffic stop, is it legal for an officer to order a driver to put out a cigarette and exit the car?
Ms. Bland has a right to smoke in her car, but Trooper Encinia could argue that the cigarette was interfering with legitimate police business. Since he had already processed the papers, however, “I don’t see a good reason,” said Robert Weisberg, a criminal procedure expert and law professor at Stanford University.
During a traffic stop, a police officer has the right to ask a driver to get out of the car even for a non-arrestable offense, as a way of securing his own safety. The officer has almost complete discretion and the driver is legally obligated to get out when asked. “He has control over the location of drivers,” Mr. Weisberg said. “It is equal to an officer patting you down to see if you have a gun.”
In this case, Mr. Weisberg said, there is no evidence that Trooper Encinia feared for his safety. He would have to argue that Ms. Bland’s refusal to put the cigarette out gave him the impression that she was violent. If Trooper Encinia had feared for his safety, he would not have walked away from the car for five minutes, Mr. Weisberg said.
Link
Whether or not it was lawful is certainly up for debate.
originally posted by: MoreBeer
originally posted by: mOjOm
originally posted by: MoreBeer
resisting a lawful order
In a traffic stop, is it legal for an officer to order a driver to put out a cigarette and exit the car?
Ms. Bland has a right to smoke in her car, but Trooper Encinia could argue that the cigarette was interfering with legitimate police business. Since he had already processed the papers, however, “I don’t see a good reason,” said Robert Weisberg, a criminal procedure expert and law professor at Stanford University.
During a traffic stop, a police officer has the right to ask a driver to get out of the car even for a non-arrestable offense, as a way of securing his own safety. The officer has almost complete discretion and the driver is legally obligated to get out when asked. “He has control over the location of drivers,” Mr. Weisberg said. “It is equal to an officer patting you down to see if you have a gun.”
In this case, Mr. Weisberg said, there is no evidence that Trooper Encinia feared for his safety. He would have to argue that Ms. Bland’s refusal to put the cigarette out gave him the impression that she was violent. If Trooper Encinia had feared for his safety, he would not have walked away from the car for five minutes, Mr. Weisberg said.
Link
Whether or not it was lawful is certainly up for debate.
Yep fully agree but she will never get to fight any of the charges because of the way she acted.
originally posted by: MoreBeer
originally posted by: bigfatfurrytexan
originally posted by: MoreBeer
originally posted by: concerned190
originally posted by: MoreBeer
a reply to: Rocker2013
Of course, I'm not a right winger.
Shocking I know.
Just someone who is feed up with criminals being put on a pedestal and looked at as some kind of martyrs.
What was her crime?
resisting a lawful order
resisting arrest
assault on a police officer
Baloney. There was no lawful order given. THe officer/department may assert that it was lawful...but it wasn't.
Her arrest was illegal.
Her assault was self defense.
So again...what crime was she performing that led to her arrest?
Her arrest was legal.
The officer felt threatened and ordered her to leave her vehicle. Whether he was right or wrong she needs to listen to that order.
She'll never get to fight those charges because of the way she acted and the choices she made.
Just someone who is feed up with criminals being put on a pedestal and looked at as some kind of martyrs.
originally posted by: MoreBeer
originally posted by: mOjOm
originally posted by: MoreBeer
resisting a lawful order
In a traffic stop, is it legal for an officer to order a driver to put out a cigarette and exit the car?
Ms. Bland has a right to smoke in her car, but Trooper Encinia could argue that the cigarette was interfering with legitimate police business. Since he had already processed the papers, however, “I don’t see a good reason,” said Robert Weisberg, a criminal procedure expert and law professor at Stanford University.
During a traffic stop, a police officer has the right to ask a driver to get out of the car even for a non-arrestable offense, as a way of securing his own safety. The officer has almost complete discretion and the driver is legally obligated to get out when asked. “He has control over the location of drivers,” Mr. Weisberg said. “It is equal to an officer patting you down to see if you have a gun.”
In this case, Mr. Weisberg said, there is no evidence that Trooper Encinia feared for his safety. He would have to argue that Ms. Bland’s refusal to put the cigarette out gave him the impression that she was violent. If Trooper Encinia had feared for his safety, he would not have walked away from the car for five minutes, Mr. Weisberg said.
Link
Whether or not it was lawful is certainly up for debate.
Yep fully agree but she will never get to fight any of the charges because of the way she acted.
originally posted by: MoreBeer
Yep fully agree but she will never get to fight any of the charges because of the way she acted.