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She was compliant until he told her not to smoke in her OWN vehicle. Being defensive isn't illegal. He overstepped his authority. He was wrong.
He was wrong. He's one of those "respect my authority" kind of police. She is the type to act like a b**** when she's pulled over. He should not have made such a big issue out of her refusing to put her cigarette out, and she probably shouldn't have repeatedly called him a p*ssy cop and kicked him. The stop just before Bland's had him give a warning ticket to a young woman who was polite and cooperative. Believe me, DPS doesn't usually give warning tickets, so I was a little surprised at how polite he was to that girl. They are very by the book.
My old college roommate dated a cop, and he would put his badge on his truck window when driving so police wouldn't give him tickets. I remember him being mad about a DPS officer giving him a ticket just because it irritated him that the other cop thought he was above the law. They have a reputation as being very strict and by the book. Personally, that raised my respect level for DPS.
I still don't see how that cop's behavior at the traffic stop leads us to assume this woman was murdered. And the arresting officer is not the jailer, so the two things together only go towards her state of mind. I think she was scared. I think she hanged herself. I do not think she was murdered. That is really what is at issue here, not the traffic stop.
She was compliant until he told her not to smoke in her OWN vehicle. Being defensive isn't illegal. He overstepped his authority. He was wrong.
I didn't say it was. I said he didn't need to request she put the cigarette out, although putting a cigarette out is not a huge deal. If she was trying to be combative it worked out well for her. Both are at fault.
I actually wrote that. Arresting a person's movements.
You wrote that it is, "form of arrest as it is a significant restraint of the driver's freedom which can evolve into an arrest with Miranda Rights and having to secure the person."
A routine traffic stop isn't a form of arrest. Traffic stop is a form of a Terry Stop which is a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.
The Supreme Court held that that 20 minutes or so is a reasonable timeframe for detaining someone. Reasonable suspicion means that there were objectively reasonable circumstances to suspect that the detained individual was involved in, or was about to be involved in a crime.
To arrest an individual, law enforcement officers need probable cause. An arrest is characterized by the idea that a reasonable person would not feel free to leave due to the actions of the law enforcement officers. This usually means that the officers take the individual into custody. Custody can mean a number of things. An individual may be taken into custody by driving them back to the police station. However, courts have also held custody to mean any situation in which an individual reasonably believes that they will not be able to leave within a short period of time.
Do people actually get pulled over by police in Texas for failing to signal when changing lanes or turning?
Personally I think it is really rude not to signal, yet at least 75% of Floridian drivers do not signal. I have never heard of or seen anyone being pulled over for it even when there are cops all over. I think cops do it only if they are targeting someone and want an excuse to pull them over.
Is it common practice in Texas for cops to pull one over for not signaling?
I dont know if it is common practice but I was pulled over for a do not signal when driving home from DFW after a redeye flight. I do suspect that it could be used if they suspect more malicious behavior as I was driving a bit slow since I was so tired, my take is they suspected a DUI.
I didn't say it was. I said he didn't need to request she put the cigarette out, although putting a cigarette out is not a huge deal. If she was trying to be combative it worked out well for her. Both are at fault.
She wouldn't step out of her car because she was likely in fear for her life. You can understand why she might have those feelings at that moment correct? We now know she had every reason to be very afraid.
He was wrong. He's one of those "respect my authority" kind of police. She is the type to act like a b**** when she's pulled over. He should not have made such a big issue out of her refusing to put her cigarette out, and she probably shouldn't have repeatedly called him a p*ssy cop and kicked him. The stop just before Bland's had him give a warning ticket to a young woman who was polite and cooperative. Believe me, DPS doesn't usually give warning tickets, so I was a little surprised at how polite he was to that girl. They are very by the book.
he shouldn't have, and she probably shouldn't have?
Anybody who thinks they know the truth about this is ignorant. It says something about the person who makes judgement like they know the facts when they do not; that they have an objective thinking and truth problem. Please don't vote or make important decisions if you are one these people.
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