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Lawful Order -

Discussion in 'Legal & Political Archive' started by RicInOR, Jul 24, 2015.

  1. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    Frequently posters will say "I won't comply" here in our forums.

    But comply with what?

    We are required to comply with Lawful Orders. But how do you know what those are?

    Orin Kerr addresses this a little bit using Oregon as a reference.


    The Sandra Bland reference is just because it is something current in the news for context.

    https://www.washingtonpost.com/news...23/sandra-bland-and-the-lawful-order-problem/
     
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  2. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Reminds me of when the officer asked me years back to open my door so he could retrieve a pistol from the door pocket. I refused (no sir I do not consent to a search of my vehicle). He asked again. I refused. Again he asked. I refused again then he commanded me to. (illegal search AND seizure)- and they never released the audio tape to prove it was.

    Tragic this woman lost her life as a result of this stop.

    The line between a request and an order is fine, very fine and I think a lot depends on what side of the badge you are on.
     
  3. Riot

    Riot Benton County, Washington Well-Known Member

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    This...is very hard to argue on the side of the officer...she's smoking and refuses to put it out? She's obviously upset and he gets emotionally involved when she argues...he needed to bring the situation back down instead of ramping it back up...she can basically say whatever she wants (minus threats, of course).
     
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