whatever said:
I don't have to pretend, I can just watch the video. Nothing Bland did up until he asked her to get out of the car was in any way an escalation.
|
I would argue she escalated the situation moreso than the officer when she refused to follow orders. Apparently, when an officer asks you to exit your vehicle, you have to do it, no exception.
"As far as the law goes, there is no legal requirement. A police officer needs no reason to have a driver step out of the car. Under Federal law, this provision comes out of Pennsylvania vs. Mimms."
http://www.njlawman.com/roll-call/008-removing-driver.htm
"The U.S. Supreme Court decided many years ago, in a case called Pennsylvania v. Mimms, that an officer may order someone who he has stopped for a traffic violation to get out of the car. Thus, you do not have a choice in the matter. It does not matter that the weather is unpleasant or that the officer does not have a clear reason for asking you to get out. When the officer asks you to “please step out of your car,” you have to do it. As mentioned in Part VIII of this series, these sorts of “requests” can be confusing. A polite officer will often ask things like, “May I please see your license? Would you please step out of your car? Would you please pop your trunk? Would you please open your glove-box so I can take a look?” All of these sound like requests. But the first two are orders which may not be refused while the last two are fully optional requests which may, and should, be refused. The only way to tell the difference is to know your rights. Thus, as the CORRECT and BEST answers recognize, you must get out of the car when the officer asks you to."
http://www.columbuscriminaldefenseattorney.com/2012/03/16/must-you-get-out-of-your-car-during-a-traffic-stop-police-interaction-part-ix/
I also want to add that even as Trooper Brian was winding down, Sandra continued with her profanity-laden tirade. All things considered, I can't help but side with the trooper when he's raising his voice to issue orders. Sandra raised her voice to spout foul words and insults.