this post was submitted on 11 Sep 2024
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[–] orcrist@lemm.ee 4 points 2 months ago (5 children)

As we saw, it's actually a bigger safety issue if the cops can order you to lower your window. Fortunately, you and I don't get to decide what's "reasonable" in this context. It would go to the appeals courts, and who knows what would happen.

I think it's likely that the appeals courts would say that Pennsylvania v. Mimms already let cops order people out of the car, which solves the safety problem, so there's no need to give cops extra authority to order you around willy-nilly. The ordinary person has a clear interest in knowing what exactly cops can and can't order, and you're proposing increasing the ambiguity of it all, which (as we just saw) is dangerous.

[–] jpreston2005@lemmy.world 1 points 2 months ago (4 children)

it’s actually a bigger safety issue if the cops can order you to lower your window

most inane take I've read about this interaction

[–] orcrist@lemm.ee 0 points 2 months ago (3 children)

You didn't explain, which suggests shadiness, but let's assume better... Let's assume you didn't understand what I meant.

Cops can let you stay in the car. They can make you get out, if they have solid grounds to do so. That's relatively simple, and it lets cops choose the best location for the interaction. So it's safe for the cops (but not the occupants). Whatever, that's the law, OK.

But they can't have it both ways. If they let you stay in the car, they've already decided you probably aren't going to grab a gun from under the seat. So there's no safety issue for them.

But there is for you. They might reach in the window, for example, violating your civil rights. It would be better for them to have to open the door. It's easy to see big actions on dash and body cameras, and it's harder to write them off as accidental. You could even keep your door locked. After all, who knows if the cops stopping you are upstanding citizens. Who will vouch for their character, my friend?

Lock the door, crack the window as necessary, get out when ordered, always film the pigs. This is 100% legal common sense. Or don't, and risk your own safety. It's your life.

[–] FarmTaco@lemmy.world 1 points 2 months ago

But they can’t have it both ways.

Per famous case law, finders v keepers.

wild logic.

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