Gavin Howe
Police officers can give lawful orders in certain situations, and it is essential to comply with these orders to avoid potential legal consequences. However, it is important to note that not all orders given by police officers are lawful, and individuals have rights that should be respected during police encounters. For example, orders that violate constitutional rights, such as the right to record in public, are unlawful. Understanding your rights and the limits of police authority is crucial for navigating these situations. While de-escalation is important, the burden of de-escalation falls on police officers, and individuals should be aware of their rights and how to assert them appropriately.
| Characteristics | Values |
|---|---|
| Failure to follow lawful orders | Grounds for arrest |
| Lawful orders | Safe distance from the officer and the detained person |
| Unlawful orders | Stopping you from recording |
| Lawful orders | Asking drivers or passengers to get out of the vehicle |
| Unlawful orders | Violating Constitutional rights |
| Lawful orders | Asking you to stop recording if you are physically obstructing |
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What You'll Learn
Lawful orders include asking you to retreat to a safe distance
In the United States, failure to follow the lawful orders of a police officer is a crime and is grounds for arrest, even if the person has not done anything wrong. Lawful orders include asking you to retreat to a safe distance. This is to ensure the safety of the officer and reduce risks during an unpredictable traffic stop or confrontation.
If you are ever stopped by the police, it is important to remember that the burden of de-escalation falls on the police officer, not you. However, you cannot assume that the officer will behave in a way that respects your rights, even after you assert them. To reduce the risk to yourself, it is recommended to stay calm and not exhibit any hostility towards the officers.
If you are in a vehicle, a police officer may legally ask you to exit the car, even if you are not being arrested or charged. This is based on the legal framework established by Pennsylvania v. Mimms (1977) and Maryland v. Wilson, which ruled that police can order drivers and passengers out of their cars for officer safety reasons during a traffic stop. Asking occupants to step out of the car allows officers to better manage their safety by reducing opportunities for hidden weapons or sudden movements inside the vehicle.
If you believe your rights have been violated during a police stop, it is recommended to comply at the moment and address the issue later with a lawyer. You have the right to remain silent and ask for a lawyer immediately. You can also make a local phone call, which the police cannot listen to if you call a lawyer. It is important to write down details of the incident, including officer badge numbers and patrol car numbers, and to get contact information for witnesses.
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Police cannot stop you from filming in public
While police officers can make lawful orders even if you are not detained, it is important to know your rights when it comes to filming in public. Here are some key points to consider:
The Right to Film in Public:
- It is not a crime to record police officers as long as you are not interfering with their work. You have the right to observe and record events that are plainly visible in public spaces, including police officers carrying out their duties.
- Police officers may ask you to get out of the way, but they cannot legally prevent you from recording them from a distance without interfering with their activities.
- They cannot confiscate your recording equipment or delete any images or videos without a warrant or your consent.
- The right to film the police is a critical check and balance, providing an independent record of what took place during an incident, free from accusations of bias or faulty memory.
Knowing Your Rights:
- If you are stopped by the police, you have the right to remain silent and do not have to answer questions about your whereabouts or activities.
- You can request to speak to a lawyer, and the police cannot listen to your conversation. However, they may listen if you call anyone else.
- If you feel your rights have been violated, write down details of the incident, including officer badges, patrol car numbers, and agency information. Get contact information for any witnesses.
- You can file a written complaint with the agency's internal affairs division or a civilian complaint board, often anonymously.
Remember, while it is important to know your rights, it is also crucial to stay calm and de-escalate the situation when interacting with police officers. As a practical rule, complying with an officer's orders on the scene and seeking legal recourse afterward may be safer than refusing to comply, as some officers may arrest you for non-compliance despite their orders being illegal.
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Failure to follow a lawful order is grounds for arrest
In most US states, failing to follow a lawful order from a police officer is grounds for arrest, even if the person being ordered has not broken any other laws. This is because failure to obey a lawful order is considered a crime in itself. In Florida, for example, it is a second-degree misdemeanor, which can carry penalties of up to 60 days in jail and a $500 fine.
Lawful orders are directives given by law enforcement officers, traffic crash investigation officers, or firefighters that must be obeyed to ensure public safety. This can include instructions during traffic stops, accident scenes, or public demonstrations. For instance, a police officer may lawfully order a driver or passenger out of a vehicle during a traffic stop, and failure to comply is grounds for arrest and additional charges.
It is important to note that the legality of a police order may depend on the specific circumstances and that individuals have the right to contest an order in court if they believe it to be unlawful. However, refusing to comply with an order, even an unlawful one, can result in arrest, as officers may arrest individuals for refusing to comply with their orders, regardless of legality. Therefore, it is generally advisable to comply with lawful orders to avoid potential legal consequences, which can be severe and have lasting impacts on various aspects of one's life.
While individuals should generally comply with lawful orders, they also have certain rights that should be respected by law enforcement. For example, individuals have the right to make a local phone call, and the police cannot listen if the call is made to a lawyer. Additionally, individuals have the right to record police encounters, although officers may still order them to stop, and refusing to comply can result in arrest, even if the order is illegal. In such cases, a skilled attorney may be able to help navigate the complexities and work towards reducing or dismissing the charges.
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You can refuse to comply with an unlawful order but it may escalate the situation
In most US states, failure to follow the lawful orders of a police officer is a crime and grounds for arrest, even if no prior wrongdoing has taken place. However, this does not mean that police officers can give any order and expect it to be followed. Certain police orders are unlawful, such as those that violate Constitutional rights. For example, an officer cannot order you to stop recording them in a public place, as this was deemed a First Amendment right. They can, however, order you to turn off the lights or stop shouting.
If you believe a police officer is giving you an unlawful order, you can refuse to comply, but this may escalate the situation. Officers have broad discretion and will usually think that their commands are lawful. If they feel threatened by any failure to comply, they might resort to using force or even shooting. While this may not be upheld if the command was found to be unlawful, it will be of little comfort to the person harmed. Therefore, it is generally advised to comply with the officer's commands on the scene and seek legal recourse later if needed. This can be done by writing down and recording as much information as possible, including officer identification, agency, and any witnesses, and then filing a written complaint with the agency's internal affairs division or civilian complaint board.
It is important to stay calm and not exhibit hostility toward the officers, as the burden of de-escalation falls on them. However, it is also crucial to understand your rights and assert them when necessary. If you are unsure whether an order is lawful, you can ask the officer if they believe they are giving a lawful order or formally detaining you, which you can use as evidence in court later if needed.
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You have the right to make a local phone call to a lawyer
If you are detained or arrested by the police, it is important to know your rights. In most US states, failure to follow the lawful orders of a police officer is grounds for arrest, even if no prior wrongdoing has taken place. However, this does not mean that you should assume that officers will respect your rights or behave in a way that protects your safety.
If you are arrested by the police, you have the right to remain silent and ask for a lawyer immediately. You should not answer any questions, give explanations, or sign anything without a lawyer. It is important to be aware that the police cannot listen if you call a lawyer, but they may listen to your call if you contact anyone else. Therefore, you have the right to make a local phone call to a lawyer. This right is protected by the law, and you should exercise it if you feel it is necessary.
In addition to this, you can request a free lawyer if you cannot pay for one. It is crucial that you do not resist arrest, even if you believe it is unfair. Instead, follow the officers' commands and write down everything you remember, including officers' badges and patrol car numbers, the agency they belong to, and any other details. You should also get the contact information of any witnesses and, if injured, seek immediate medical attention and document your injuries with photographs.
It is important to remember that, as a practical rule, it is in your best interest to comply with the officers' commands on the scene. If you feel that your rights have been violated, you can file a written complaint with the agency's internal affairs division or civilian complaint board after the fact. In most cases, you can file a complaint anonymously.
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