• doingthestuff@lemmy.world
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    23 days ago

    I am a huge police accountability buff. But also, law matters, and court rulings matter. If police order you out of your car for their safety (in the US), you have to comply. If you do not, they are authorized to use force to pull you out and almost never do that gently. Cops absolutely use excessive force all the time, so not doing things that specifically give them permission would be smart. Him rolling up his tinted windows and refusing to get out of the car are what made this happen.

    • Tramort@programming.dev
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      22 days ago

      They still need probably cause to force him out. They might have had it based on prior facts, but they might not have.

      Cops are way past getting the benefit of the doubt from me

      This looks like they were angry about an uppity black man.

      • SupraMario@lemmy.world
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        22 days ago

        This. They cannot tell you to get out for speeding or some other minor offense. They need probable cause for that. Then while he was in handcuffs, one of these clowns punched him in the face.

        We need to end qualified immunity and start jailing these authoritarian tyrants.

          • SupraMario@lemmy.world
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            22 days ago

            However, all other instances outside of those enumerated above appear to be unlawful reasons for ordering a passenger out of the car. For example, if the stop is concluded and the cop wants to talk to you about an unrelated matter. This would be an unlawful seizure. The Mimms case made it clear that while an officer may order an individual out of the car for legitimate safety concerns, the officer is not entitled to ask a driver out of the vehicle in every single instance in which he wants to speak with the occupants. See Pennsylvania v. Mimms, 434 U.S. 106 (1977).

            That’s literally you’re own link. Pulling a driver over on the highway and asking them to step out and move to the shoulder grass is fine. Asking them to exit the car, on a side street is not a safety issue.

            • doingthestuff@lemmy.world
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              21 days ago

              If they can’t see in your vehicle, they can tell you to exit the vehicle. If you give off a hostile vibe they can tell you to exit the vehicle. Having overly dark tint creates a scenario where they cannot see what is going on inside the vehicle. I have seen cops pull out their guns and shout at people to get out of the car from 20 ft away because they couldn’t see inside. I’m not saying that’s the right response, I’m just saying that there are more court-accepted reasons that an officer can pull you out of your vehicle “for their safety”.