I hear what you are saying. Although I wonder how the order to put out the cigarette had anything to do with officer safety.
Yet, it seems clear, to me at least, that those orders to put out the cigarette and then get out of the care were the direct result of her following his express direction to explain what’s wrong, and him simply not liking the words that came out of her mouth—even though she directly and honestly responded to his question. I don’t think cops ought to be able to penalize people for doing exactly what they are ordered to do, or simply saying what they are thinking.
Good point. However, there is also a real issue as to whether the officer violated the Supreme Court’s ruling in Rodriguez vs. U.S. prior to giving the “lawful order” to put out the cigarette. From what I saw on the video, the officer returns to the car, and only has to give her the warning he had written up. Instead, he engages her in conversation, asking why she is upset. At that point, he is unreasonably, extending the stop in violation of Rodriguez. This infraction occurs prior to giving a “lawful” order. So it seems to me Rodriguez comes into play first. I think there is a pretty clear Rodriguez violation. The second issue is whether the question “ would you please put out your cigarette?” is an actual “order” it is clearly phrased as a question, to solicit a response, and is said during a conversation which potentially violates Rodriguez. I agree that he has the right to order her to put out the cigarette, if it was an order and was given during his mission. Rodriguez is pretty clear, that an officer may not delay his mission during the traffic stop. He clearly, did this when he engaged her in casaul conversation prior to issuing his warning. All, in all it was really poorly handled by both parties. There is also the issue of why the officer makes no mention of the lawful order to put out the cigarette in his report or to his supervisor. This could arguably be because it was not a lawful order. In either case, interesting issues in this case.