Can an officer Order you to Sit on the Ground?

[larsegar]

What is the name of your state (only U.S. law)? California

Can an officer order you to sit down on the ground or the street?

Does it matter if you have been detained or not?

 

[Antigone*]

What is the name of your state (only U.S. law)? California

Can an officer order you to sit down on the ground or the street?

Does it matter if you have been detained or not?

There is no law that precludes an officer from ordering you to sit on the ground or on the street.

 

[tranquility]

If he "ordered" you (and you complied), you were detained or more. As to if he can order you to sit on the ground, it would depend on the situation. They are allowed great leeway for officer safety reasons and I suspect, absent very odd facts, it was perfectly fine.

 

[CdwJava]

What is the name of your state (only U.S. law)? California

Can an officer order you to sit down on the ground or the street?

Does it matter if you have been detained or not?

If he is ordering you to sit, you have been detained. And, yes, he can do that. It might be problematic if the act would put you at risk somehow, but, generally - as previously stated - it is a common occurrence.

 

[larsegar]

it just feels like the officer is trying to make you subservient, like being ordered to sit like a dog

 

[HomeGuru]

it just feels like the officer is trying to make you subservient, like being ordered to sit like a dog

**A: and your point being?

 

[CdwJava]

it just feels like the officer is trying to make you subservient, like being ordered to sit like a dog

He is trying to maintain his position of safety. If he feels safe, then you are less likely to be subject to a sudden or excessive response to some action that you might think mundane - like reaching into a pocket for a cigarette.

The officer has the legal right to control the encounter. If you feel he behaved in an unprofessional or excessive manner you may complain to his employer, or, you may pay an attorney to see if whatever happened is actionable ... but, since they are permitted to control the encounter, chances are that there would be no grounds for a suit.

 

[HomeGuru]

Sitting on the ground is better than standing on your head.

 

[Zigner]

If the ground is uncomfortable, simply ask to sit in the back of his car.

 

[Dillon]

There is no law that precludes an officer from ordering you to sit on the ground or on the street.

I like how the Arizona Constitution states it, even though this was in ca.

Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.

just cause its an order doesnt mean its lawful.

if me, id ask if free to go and if not free to leave one is in custody.

if cop had no warrant and no probable cause of injury or damage or a violations of someones legal rights, id file criminal complaint for false arrest etc.

 

[tranquility]

I like how the Arizona Constitution states it, even though this was in ca.

Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.

just cause its an order doesnt mean its lawful.

if me, id ask if free to go and if not free to leave one is in custody.

if cop had no warrant and no probable cause of injury or damage or a violations of someones legal rights, id file criminal complaint for false arrest etc.

See, Terry v. Ohio.

 

[CdwJava]

if cop had no warrant and no probable cause of injury or damage or a violations of someones legal rights, id file criminal complaint for false arrest etc.

And the "complaint" would never get filed because no crime will have been committed.

As Tranquility pointed out, check Terry v. Ohio and related cases for the law (as determined by the USSC) on detentions and the scope of an officer's authority and ability to control a detainee during such contacts.

 

[Dillon]

And the "complaint" would never get filed because no crime will have been committed.

As Tranquility pointed out, check Terry v. Ohio and related cases for the law (as determined by the USSC) on detentions and the scope of an officer's authority and ability to control a detainee during such contacts.

define arrest (i dont consent to a terry stop)

A seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.

An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest.

 

[TigerD]

define arrest (i dont consent to a terry stop)

Nobody cares if you consent to a Terry stop. SCOTUS does.


DC

 

[Dillon]

And the "complaint" would never get filed because no crime will have been committed.

As Tranquility pointed out, check Terry v. Ohio and related cases for the law (as determined by the USSC) on detentions and the scope of an officer's authority and ability to control a detainee/arrestee during such contacts.

if one is under criminal investigation and not free to go, they are in custody, U tink?

is a terry stop a criminal investigation? Yes or No? a non-response is deemed a Yes.

arrest and detain are synonymous