For sherb: Does a citizen have to obey a police command

StevenSteven Senior MemberPosts: 1,862 Senior Member
So, the video of the jaywalker that got taken down by a Seattle cop is making the rounds.

The cop tells the guy that if he doesn't get on the ground, the cop will make him, which he did (solid arm drag to take the back and then trip with the outside leg). It looks like the cop then gets mount and beats on him (probably totally unnecessary).

Does the guy have to obey the cop under the law?


  • sherbsherb Senior Member Posts: 1,523 Senior Member
    so. . .complicated question.

    Citizens are typically required to obey lawful commands. That varies from state to state, and-important caveat here-the command has to be lawful. So for instance, if you want to pat search someone for weapons, you have to have a lawful basis for doing so. If the initial encounter is unlawful, then no, a citizen is not legally bound to follow the officer's commands. But that's easier said than done and won't prevent a trip to the county lockup. Your case for an unlawful detention is case best made in court, not on the street. I would never counsel someone to resist at the time and assert your rights at the scene. First off, you probably don't know your rights as well as you think you do and you risk catching an assault or obstruction charge for your trouble. Better practice is to comply and assert your rights later.
  • sherbsherb Senior Member Posts: 1,523 Senior Member
    Is Jaywalking a criminal offense in California? (I think the incident occurred in Sacramento). It very well could be, or it could be an infraction, or a non-arrestable misdemeanor. See, that's where you get the variation. I don't know. I think the officer probably had the right to scratch him a ticket, but beyond that its unclear what authority the officer had.
  • BuffcoBuffco Senior Member Posts: 9,571 Senior Member
    F the police. Sherb you a sell out man.

    Steven we all know you people control the government anyway. I mean, us people. So you got nothing to worry about.

    Sent from my XT1585 using Tapatalk
  • StevenSteven Senior Member Posts: 1,862 Senior Member
    Not the cops. The cops are all Irish.
  • BushartBushart Senior Member Posts: 1,451 Senior Member
    Steven wrote: »
    Not the cops. The cops are all Irish.

    Don't b pick'n on da Irish now Lad.....I'm Bizzy at da bar now....(Note the non-snowflake ball dropped response)

    Hey---You s'posed to be postin at Passover??...Askin for Buffy
  • StevenSteven Senior Member Posts: 1,862 Senior Member
    Neil Gorsuch will figure this out.

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