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  #1  
Old 02-20-2002, 04:50 PM
jaybiro
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Defining Lawful Commands of Police Officers


California. Can anyone specify the laws, rules, or regulations of this state that define what is and what is not a lawful command by a police officer to a citizen? Example: An officer cannot command, under color of authority, that a citizen commit an act that is unlawful, correct? This should be obvious. Into the grey areas: May a police officer lawfully command a citizen to commit an act that is lawful in itself but which the citizen for his own reasons does not wish to commit? Is there more than one category of police authority, such as, l. Normal authority constrained by law and 2. Emergency authority that gives officers enhanced powers to command actions from citizens? Thank you.
  #2  
Old 02-21-2002, 08:47 AM
Mikedani
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If I read your question correct, it sounds like your asking about "Posse Comitatus", it falls under Ca Penal Code 150.
Go to:
[url]www.leginfo.ca.gov/calaw.html[/url]

...and look up Penal Code 150.
  #3  
Old 02-21-2002, 06:52 PM
jaybiro
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Thank you. I am not referring to posse commitatus. I am asking about police officers making commands such as, Gimme 20 pushups, or, Pick up that thing over there and bring it over here, or, Give me that tool I need, etc. My point is that police officers cannot have unlimited authority to command action from citizens, but they do have some authority. My question is, what are the legal principles that define and constrain that authority?
  #4  
Old 02-22-2002, 04:04 AM
Mikedani
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Well generally speaking, police officers can control the actions of a citizen as far as controlling their movements relating to officer safety or the safety of the community, as it pertains to a criminal investigation. Some of what you mentioned sounds like it could be an abuse of authority which could be a violation of that officers departmental policy and procedures. It could result in disciplinary action against that officer. To know for sure you need to bring this incident to the attention of that officers supervisor.
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