Um..no...just because many police forces abuse peoples rights to be secure in their personal spaces (vehicle)does not make ordering you out of your car for no vaild reason legal.
And I’m not trying to split hairs....I’m telling you what your rights are....if you refuse to assert them in the face of a threat of punishment by the state...that is your option.
I’m not getting out of my personal property unless I’m told I am under arrest...if I am told I am under arrest...then I will comply...if I am told I am not under arrest then I will sit in my car seat.
If take a bullet to the head for not being under arrest and asserting my rights, my heirs will be well taken care of.
The point remains...at no time did the officer order her out of the car UNTIL she refused to put out her smoke.
And refusal to put out a smoke is not in the texas penal code.
I predict the finacial fallout wont be from her suicide...it will be from the stop.
DPS has already admitted the stop wasnt handled right by taking the action of placing the officer of desk duty....any good lawyer will have a field day with this.
If the stop was proper..why take make a public statement that he violated preceedure.
If Bland wasnt stupid enough to kill herself she might have even gotten a settlement out of it.
I predict a costly settlement...paid for by the tax payers.
The Supreme Court has ruled in Pennsylvania vs Mimms that during a lawful traffic stop the police have the authority to order all occupants out of a vehicle.
As a public service, I offer the following advice, to help a fellow FReeper avoid getting his a$$ kicked:
https://www.youtube.com/watch?v=igQDvYOt_iA