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http://www.nytimes.com/interactive/2015/07/20/us/sandra-bland-arrest-death-videos-maps.html?_r=0
Initial altercation
Ms. Bland is pulled over and accused of failing to use a turn signal. Brian T. Encinia, a state trooper, approaches her car, takes her information and returns to his vehicle to write a ticket. When Trooper Encinia returns, he asks if she is O.K. and says that Ms. Bland seems irritated.
Is it legal to arrest someone for failing to use a turn signal?
While it rarely happens, failure to use a turn signal is technically an arrestable offense in Texas, according to Andrea Roth, an assistant law professor at the University of California, Berkeley. Trooper Encinia’s behavior in the initial exchange does not appear to violate Ms. Bland’s constitutional rights, Ms. Roth said.Rebecca Robertson, the legal and policy director for A.C.L.U. in Texas, said, “The initial stop should not have resulted in an arrest.” Trooper Encinia could have just handed Ms. Bland a ticket through the window and let her drive away, she said.
“Get out of the car”
Trooper Encinia asks Ms. Bland to put out a cigarette. When she refuses, he tells her to get out of the car. After Ms. Bland refuses to step out of the car, he threatens to remove her by force, saying, “I’m giving you a lawful order.”
In a traffic stop, is it legal for an officer to order a driver to put out a cigarette and exit the car?
Ms. Bland has a right to smoke in her car, but Trooper Encinia could argue that the cigarette was interfering with legitimate police business. Since he had already processed the papers, however, “I don’t see a good reason,” said Robert Weisberg, law professor at Stanford University.During a traffic stop, a police officer has the right to ask a driver to get out of the car even for a non-arrestable offense, as a way of securing his own safety. The officer has almost complete discretion and the driver is legally obligated to get out when asked. “He has control over the location of drivers,” Mr. Weisberg said. “It is equal to an officer patting you down to see if you have a gun.”In this case, Mr. Weisberg said, there is no evidence that Trooper Encinia feared for his safety. He would have to argue that Ms. Bland’s refusal to put the cigarette out gave him the impression that she was violent. If Trooper Encinia had feared for his safety, he wouldn’t have walked away from the car for five minutes, Mr. Weisberg said.
Escalating Force
Trooper Encinia reaches into the car to remove Ms. Bland. Ms. Bland refuses to cooperate. He repeats “You are under arrest” and requests backup. After a struggle, Trooper Encinia pulls out a taser and yells, “I will light you up.” Ms. Bland exits the car.
Is there a legal basis for arresting Ms. Bland at this point? Is it legal to pull a driver out of the car?
The only possible basis for telling Ms. Bland that she is under arrest is the crime of resisting a lawful order to get out of the car, unless he had told her that he was arresting her for the traffic violation, Mr. Weisberg said.If there is clearly a lawful order to get the driver out of the car and if the officer has no other choice, he can pull the driver out. But he must have exhausted all of the alternatives first, and Trooper Encinia seems to escalate things very quickly, Mr. Weisberg said. “The motive for yanking her out seems to be her rude behavior,” he said.Steven McCraw, the director of the Texas Department of Public Safety, said at a news conference that Trooper Encinia had not complied with the department’s courtesy policy and procedures, including “letting the individual know what action is going to be taken.”The statement, “I will light you up,” could be seen as excessive force, Ms. Roth said.
Initial altercation
Ms. Bland is pulled over and accused of failing to use a turn signal. Brian T. Encinia, a state trooper, approaches her car, takes her information and returns to his vehicle to write a ticket. When Trooper Encinia returns, he asks if she is O.K. and says that Ms. Bland seems irritated.
Is it legal to arrest someone for failing to use a turn signal?
While it rarely happens, failure to use a turn signal is technically an arrestable offense in Texas, according to Andrea Roth, an assistant law professor at the University of California, Berkeley. Trooper Encinia’s behavior in the initial exchange does not appear to violate Ms. Bland’s constitutional rights, Ms. Roth said.Rebecca Robertson, the legal and policy director for A.C.L.U. in Texas, said, “The initial stop should not have resulted in an arrest.” Trooper Encinia could have just handed Ms. Bland a ticket through the window and let her drive away, she said.
“Get out of the car”
Trooper Encinia asks Ms. Bland to put out a cigarette. When she refuses, he tells her to get out of the car. After Ms. Bland refuses to step out of the car, he threatens to remove her by force, saying, “I’m giving you a lawful order.”
In a traffic stop, is it legal for an officer to order a driver to put out a cigarette and exit the car?
Ms. Bland has a right to smoke in her car, but Trooper Encinia could argue that the cigarette was interfering with legitimate police business. Since he had already processed the papers, however, “I don’t see a good reason,” said Robert Weisberg, law professor at Stanford University.During a traffic stop, a police officer has the right to ask a driver to get out of the car even for a non-arrestable offense, as a way of securing his own safety. The officer has almost complete discretion and the driver is legally obligated to get out when asked. “He has control over the location of drivers,” Mr. Weisberg said. “It is equal to an officer patting you down to see if you have a gun.”In this case, Mr. Weisberg said, there is no evidence that Trooper Encinia feared for his safety. He would have to argue that Ms. Bland’s refusal to put the cigarette out gave him the impression that she was violent. If Trooper Encinia had feared for his safety, he wouldn’t have walked away from the car for five minutes, Mr. Weisberg said.
Escalating Force
Trooper Encinia reaches into the car to remove Ms. Bland. Ms. Bland refuses to cooperate. He repeats “You are under arrest” and requests backup. After a struggle, Trooper Encinia pulls out a taser and yells, “I will light you up.” Ms. Bland exits the car.
Is there a legal basis for arresting Ms. Bland at this point? Is it legal to pull a driver out of the car?
The only possible basis for telling Ms. Bland that she is under arrest is the crime of resisting a lawful order to get out of the car, unless he had told her that he was arresting her for the traffic violation, Mr. Weisberg said.If there is clearly a lawful order to get the driver out of the car and if the officer has no other choice, he can pull the driver out. But he must have exhausted all of the alternatives first, and Trooper Encinia seems to escalate things very quickly, Mr. Weisberg said. “The motive for yanking her out seems to be her rude behavior,” he said.Steven McCraw, the director of the Texas Department of Public Safety, said at a news conference that Trooper Encinia had not complied with the department’s courtesy policy and procedures, including “letting the individual know what action is going to be taken.”The statement, “I will light you up,” could be seen as excessive force, Ms. Roth said.
