Sandy Bland questionable arrest leads to mysterious death.

[ArchangelMadzz]

sundin13 said:

ArchangelMadzz said:

You do not have to exit your car unless you are under arrest. It's wise to exit the car to avoid a confrentation but it's perfectly legal to stay in your car if you are not under arrest.

This was a big issue when a serial killer was posing a police officer ordering people to get out of their car, and when they did he kidnapped them. You have to get out of your car is a cop shows that he's a police officer and orders you to get out if you are under arrest. 

Again, you should get out of the car but she was in her right not to as there was no reason to. 

In Pennsylvania v. Mimms, the Supreme Court ruled that an officer may order you to leave your vehicle during a routine traffic stop and does not need to give a reason. As it is a lawfull order, you must comply or you will be breaking the law.

http://www.columbuscriminaldefenseattorney.com/2012/03/16/must-you-get-out-of-your-car-during-a-traffic-stop-police-interaction-part-ix/

This has already been explained in more detail elsewhere. Do you have any proof to back up your points or are you simply asserting? If there is some jurisdictional provisor or alternate interpretation then I will concede, but it seems the consensus is that yes, she did have to get out of the car and yes, he was allowed to use force to make her if she didn't comply.

I'm finding conflicting sources saying that you can and can't get out of the car. But I also am finding more to indicate that you have to get out of the car if it is a lawful order (as long as they have shown they are infact a police officer). So she should have gotten out of the car. She shouldn't have been asked as the cop was clearly having some sort of bad day if you're going to 'light someone up' for saying no to you.

But eventually she was removed from the vehicle. And restrained, yet the cop who was clearly angry, hot headed and shouldn't have been asking her to get out in the first place off camera managed to slam her head in the ground. And when she informed them of her epilepsy his response was 'good'.

So I will clarify, she should've gotten out of the vehicle first time he asked whether he should've or not is another argument. But his aggression especially after she is restrained is absolutely uncalled for and he obviously has many personal issue to mean he should not be given such a position of power.