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To: TXDuke
A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:
(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;

Now pray tell, what does ordering a cigarette be put out have to do with the performance of the police officers duties?

See, any order given is NOT a "lawful order". The order in question must be relevant to the duties of authority granted by law. If a police officer ordered you to take the sim card out of your phone and put it in the glove box, that would not be a lawful order because not doing so would not impede his performance and is not part of his authority granted by law.

Just because a police officer tells you to do something, does not mean he has the authority to do so. And what you posted explains that. A person with criminal negligence must interrupt, disrupt, impede, or otherwise interfere with a peace officer while he is performing a duty or exercising authority imposed or granted by law.

Read your own posted words. A police officer does not have the authority to tell you to put out a cigarette.

128 posted on 07/22/2015 10:14:41 AM PDT by Anitius Severinus Boethius (www.wilsonharpbooks.com - Sign up for my new release e-mail and get my first novel for free)
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To: Anitius Severinus Boethius

I believe I’ve already answered this question.

Any order that doesn’t violate State or Federal law (i.e forced sex, sex for favors, etc) and doesn’t violate specified civil rights is assumed by the State to be lawful.
Order a cigarette to be put out is a lawful order because it causes no harm, doesn’t violate the law, and doesn’t violate any civil rights. The cig can be used as a weapon or to mask/alter/destroy evidence so there is also a legal rational for putting the cig out. The police officers duties include investigation and officer safety.

Your sim card example is a violation of State/federal law a lawful order. Ordering a person to jump off of a building is a violation of state/federal law and is not a lawful order. I can give more stupid examples if you want, but lets keep this in perspective. Ordering a person out of a car or to put out a cig is a lawful order.


134 posted on 07/22/2015 10:20:52 AM PDT by TXDuke
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To: Anitius Severinus Boethius

A lit cigarette is a potential danger to an officer’s safety.

If an officer doesn’t want a person who he is investigating to be next to him while holding a burning object, then he can order that person to extinguish the burning object, thus rendering it a threat no longer.

Sorry, BRAH, cops do this all the time.


141 posted on 07/22/2015 10:27:05 AM PDT by chris37 (Heartless)
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