• Tramort@programming.dev
    link
    fedilink
    arrow-up
    51
    arrow-down
    4
    ·
    3 months 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
      link
      fedilink
      arrow-up
      36
      arrow-down
      7
      ·
      3 months 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
          link
          fedilink
          arrow-up
          8
          arrow-down
          4
          ·
          3 months 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
            link
            fedilink
            arrow-up
            5
            arrow-down
            2
            ·
            3 months 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”.