"Move along?"

[Guest Ranger Rick]

I was reading a story this AM about a jury awarding $175k to 3 guys for "police harassment" for lack of a better term. (Things went south fast after the handgun permit was given to the officers... because of their unreasonable reaction.) There was another couple (not involved in the arrest) that witnessed the encounter from a parked car and testified to what they saw.

One of the responses from a reader was... "That reminds me of a time when my husband got stopped and I was behind him in another vehicle, I stopped too and the cop made me leave, it must be SOP...make sure there are no witnesses. I would stay today, I know a lot more about my rights than I did then."

So my question is... do the police have the right to "force you to move on" to basically keep you from witnessing their activities during an arrest? (Is the lady above correct in knowing her rights and staying?)

Edited October 21, 2009 by Ranger Rick
correct spelling

[Fallguy]

Don't think there is any 100% clear cut answer either way.

If the LEO thinks you are interfering with performance of his duties, then yes you could be told to at least back off enough so as not to interfere.

If you not interfering and are in a public place, don't think you can lawfully be ordered to leave the area, minus any other extenuating circumstances, such as breaking a law by being where you are.

Of course on a traffic stop, one extenuating circumstance could be you (being the one in a second car) could be illegally parked and therefore you have no legal right to just sit on the side of the highway. Most emergency lanes are for just that...emergencies, break downs, etc... Or if you are on a road with no emergency lane, you could be a traffic hazard by being stopped on the side of the road.

But if you are in a parking lot and are staying back and not bothering the LEO then that may be a different story.

These are just my personal opinions on the matter and not based on any legal training or direct knowledge.......

[Guest JustMyLuck]

Making another vehicle or uninvolved people to leave the area, would probably fall more into Officer Safety. It's easier to deal with 1 car stopped or focus on the individuals your dealing with. It has nothing to do with not wanting witnesses during an arrest. And unless you want to be charged with Obstructing or a similar charge, it would be best to leave the area if instructed to do so.

Picture yourself being a LEO, stopping a car or possible BG , you don't know who your stopping, or what intent they have. Then another car/person stops and you have to deal with them too, again not knowing who they are are their intent . It's just easier to tell the 2nd party to leave the area, and focus on the original stop.

Do they have the "Right" ??

I do know that civilians have rights , including Miranda Rights, and I'm sure that will be the rights one hears if they don't do as instructed and get "overly" involved in the situation.

What's easier ? ....... Your told to leave the area so you go a "reasonable" distance away and wait.

OR ...... Your told to leave, you "buck" the system, and stay. Get arrested, Go to jail, have to make Bond, then hire a lawyer, and go to court, and see if the judge agrees with you or not.

To me use common sense ....... walk or drive a "reasonable" distance away, so you don't pose a threat to officer safety, Wait, then ask to speak to the Officer or other individual involved.

Most LEOs are the Good Guys, and are just trying to do their jobs (and go home at night).

JML

JML

Edited October 21, 2009 by JustMyLuck

[Guest Ranger Rick]

To me use common sense ....... walk or drive a "reasonable" distance away, so you don't pose a threat to officer safety, Wait, then ask to speak to the Officer or other individual involved.

Most LEOs are the Good Guys, and are just trying to do their jobs (and go home at night). JML

I guess that is what I thought. Most all the LEOs I've met in Knoxvegas are pretty good guys and gals. Yet to have a bad experience with them.

Like anywhere else there is always the small possibility that a bad apple will turn up. Of course if it involves my family... all bets are off. In that case... I'm not leaving a "bad cop" situation regardless of what anyone says to me.