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The problem with teaching this is that is depends highly on the situation. There are not brightline rules that a person can easily understand. Are you being de

The problem with teaching this is that is depends highly on the situation. There are not brightline rules that a person can easily understand. Are you being detained or arrested is not a bright line rule. You can go from one to teh other without anyone saying anything. And the rules for police differ. I'm a lawyer and I couldn't even begin to tell you the rules for my own state, let a lone some random place in Texas. Though one bright line rule is that cops can make you get out of your car. That is pretty much their discretion.

dudul 11y ago
The fact that you are a lawyer and can't describe the rules is scary. I'm not calling you an idiot, this is a comment on the stupidity of lawmakers if what you say is true. I find it very scary that we accept a principle such as Ignorantia juris non excusat but don't bother teaching law and make it understandable to common people. And to be clear, I'm not talking about details to be used during a trial, but just day-to-day interaction with police officer / social services / etc. Can they really order you out of your car? Do they have to give a reason? Can they enter your home without a warrant? Can they really take your kids if you don't willingly let them in? Are they authorized to ask you about your profession? They will always use people's ignorance to scare them and force them to comply, but that's the direct road towards a police state.
- rhino369 11y ago
  It isn't law makers, it's the common law system. The law isn't just statutes, but also law created by judges over all of US and even English history. Most of the law surrounding traffic stops is created entirely by court rulings. The big stuff is more clear but there are always exceptions. So no, a cop can't just enter your house without a weapon. EXCEPT: if they are in hot pursuit of a criminal; as part of a legal arrest; to save someones life; etc. But each of those rules has wrinkles that local courts have rules on.

dudul 11y ago

The fact that you are a lawyer and can't describe the rules is scary. I'm not calling you an idiot, this is a comment on the stupidity of lawmakers if what you say is true. I find it very scary that we accept a principle such as Ignorantia juris non excusat but don't bother teaching law and make it understandable to common people. And to be clear, I'm not talking about details to be used during a trial, but just day-to-day interaction with police officer / social services / etc. Can they really order you out of your car? Do they have to give a reason? Can they enter your home without a warrant? Can they really take your kids if you don't willingly let them in? Are they authorized to ask you about your profession? They will always use people's ignorance to scare them and force them to comply, but that's the direct road towards a police state.

rhino369 11y ago
It isn't law makers, it's the common law system. The law isn't just statutes, but also law created by judges over all of US and even English history. Most of the law surrounding traffic stops is created entirely by court rulings. The big stuff is more clear but there are always exceptions. So no, a cop can't just enter your house without a weapon. EXCEPT: if they are in hot pursuit of a criminal; as part of a legal arrest; to save someones life; etc. But each of those rules has wrinkles that local courts have rules on.