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Re: SoxFan post# 84593

Monday, 07/27/2015 3:00:05 PM

Monday, July 27, 2015 3:00:05 PM

Post# of 100030
Lovely, but not the issue here. That case is regarding whether or not you can extend the time for a traffic stop to search for another crime. Doesn't say a thing about requesting someone to step from the car. Keep looking.....but do it somewhere else.

Aside from the blanket “premise of officer safety” provision, a 1977 Supreme Court case that allowed Pennsylvania police officers to ask drivers out of their vehicles gives Encinia license to request Bland to step out of her car.



As for Encinia demanding that Bland put out her cigarette, CNN legal analyst and criminal defense lawyer Paul Callan said Bland legally had the right to smoke in her vehicle. But Encinia also had the right to ask Bland to put it out “under the premise of officer safety.”



Eric Guster, a civil rights attorney in Birmingham, Ala., says officers can ask drivers to comply with reasonable commands. For example, a cop can ask a driver to turn off the ignition to his or her vehicle because not doing so can endanger the officer’s safety. If a car has a lot of people in it, the officer can ask everyone to raise their hands so he or she can see them. The officer can also ask someone to turn on his or her car lights if the inside of the vehicle is dark.


Just my opinion, of course.

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