Quote:
Originally Posted by Zeke
Well, she clearly "smokes."
As for her Amendment rights, not a one was violated. The stop ends when the search ends, the search ends when you run out of quantifiable reasons to continue it.
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Wrong. The stop ends when the officer has fulfilled all the activity required for the purpose of the stop. In this case it was writing a ticked for a lane change without signaling (and guess how many white people Encina has pulled over in the past year for making a lane change without signaling). His legal authority to detain her ended right there.
And...
Bland did not refuse a lawful instruction from a police officer, she refused a request. Go watch the fucking video again Zeke. Encina, "Would you mind putting out that cigarette?"...is not an instruction or demand. Mr. Reasonable is making a pleasant little request. She said, "I'm in my car, I don't have to put out my cigarette." She could have said "...go fuck yourself..." and he still would not have had legal cause to order her out of the vehicle. Nobody can force anybody anybody to provide the respect they might feel they are owed, and that includes any cop. The moment he ordered her out of the car her 4th Amendment right to unreasonable detention were violated.
It's too bad it ended up with a fragile woman killing herself. But her rights were violated and if there aren't criminal charges for 4th Amendment violations, the city of Hempstead is going to get hammered in the civil suit.