We are sort of splitting hairs here but:
a) I would say technically putting a please in front of an order doesn’t necessarily make it a request, but putting a would you please in front of it would makeit a request.
b) Being ordered out of the car is not an arrest. All the police officer needs is a reason to make a valid traffic stop (reasonable suspicion of a crime or traffic violation) and he instantly has authority to order you out of the car at any time during the stop for any reason or no reason. That is why the cigarette request/order/whatever is irrelevant. Even if she said, “Yes sir, right away sir!” and immediately put it out, he STILL had complete authority to order her out of the vehicle. Once she refused that order she was justified his use of force and could have been arrested.
c) If you said no to the officer’s request to exit the vehicle he absolutely could have followed up with a clear order for you to exit. If you disobeyed that order he could legally progress along use of force continuum until you complied. That could include attempting to physically Remove you, threatening to taze you, tazing you, ordering you out at gunpoint and under extreme circumstances, shooting you.
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.