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This seems like an overly complicated analysis. The things can can be lawful, like ordering a suspect to put their hands behind their backs are the lawful orde
by smegel 11y ago
This seems like an overly complicated analysis.
The things can can be lawful, like ordering a suspect to put their hands behind their backs are the lawful orders, even if a police officer might be acting unlawfully if issueing the order without probable cause.
There are other things that are never lawful - ordering someone to sign a confession or answer questions. These are the unlawful orders.
If an officer gives you a lawful order you should comply, and if the officer was behaving unlawfully that should be subject to a complaint.
- rhino369 11y agoAnother problem is that it doesn't really matter if you know what is legal and wasn't isn't. At least in the moment. What are you going to do? Physically fight the cop to enforce your rights? I'm also pretty sure that in many jurisdictions, if you fight a cop over an illegal arrests, you are still guilty of assaulting an officer. Rights are enforced in a court after the fact.