Standing outside my apartment

[BOR]

Ok I have looked and apparently there is no local ordinance against it. Now with that being said and I was just standing outside talking and was told to go inside because of a loitering law that does not exist I would assume I would be charged with something else such as disobeying an officer or some nonsense like that.

I have all respect in the world for Law enforcement people but really, I would think they would try to enforce something like this with people outside drinking or a group of teens hanging around doing nothing but to have two grown people made to go inside for no reason is rediculous.

For "failure to comply" with a law enforcement officer, the command must be Constitutionally permitted.


Ordering you inside with a legal reason, such as a riot and he needed to disperse all, etc., loitering will not cut it, IMO, to arrest you for such or issue a citation woul d violate the 4th AM as an UNreasonable seizure IMO, and also the 1st AM, as I said earlier should prohibit the order.

As we all know though, until a TEST case is made and a court rules on it, it is "presumed" to be Constitutional (emphasis added).

 

[justalayman]

Ok I have looked and apparently there is no local ordinance against it. Now with that being said and I was just standing outside talking and was told to go inside because of a loitering law that does not exist I would assume I would be charged with something else such as disobeying an officer or some nonsense like that.

I have all respect in the world for Law enforcement people but really, I would think they would try to enforce something like this with people outside drinking or a group of teens hanging around doing nothing but to have two grown people made to go inside for no reason is rediculous.

as BOR stated (in a few different words), you are required to comply with a lawful order from the police. If there is no law restricting what you are doing and the cop has no legal basis to issue the order, it is not a lawful order. Therefore you do not have to comply.

 

[Dillon]

1. So my question is two parts, Can I really be ticketed for loitering in front of my own apartment where I live?

2. Did the officer really have a right to shine his flashlight into my car and look at the insides?

1. maybe No

The law, which defined loitering as "remain(ing) in any one place with no apparent purpose", gave police officers a right to disperse such persons and in case of disobedience, provided for a punishment by fine, imprisonment and/or community service. It was dismissed by the Supreme Court of the United States (Chicago v. Morales, 527 U.S. 41 (1999)) as unacceptably vague and not giving citizens clear guidelines on what the acceptable conduct was:

2. yes,

only till his batteries run out.