Failure to Obey a Lawful Order
Just finished watching the dashcam video of the arrest of Sandra Bland. Wow. Powerful.
Let's get through the legal stuff first. There is no statute in Texas where you can be charged with "failure to obey a lawful order." None. That doesn't mean a police officer can't give you an order that is lawful and you won't face a consequence if you fail to comply. It just means that the failure to obey in and of itself isn't the offense. For example, if you are engaged in a peaceful protest, at a time when the protest is no longer peaceful; the police can order you to disperse. Failure to comply will result in your arrest. It could result in a conviction. The offense won't read "failure to obey a lawful order."
However, Sandra Bland had no "right" to refuse to exit her vehicle. In Texas you can be arrested for any minor traffic violation, except speeding and violating the state's open container law. Now that doesn't mean the officer has to make an arrest. In fact, if you will sign a promise to appear on the traffic ticket itself, there is no need to make an arrest. But when a cop tells you to get out of your vehicle, failure to comply can result in arrest. Not following the officer's commands once you are placed under arrest can result in a resisting arrest charge.
The officer handled this traffic stop poorly. If his intent was to issue a written warning. Asking her if something was wrong was a loaded question that was almost certainly destined to create trouble. When you're writing someone up, even a warning, you don't try to pry into how it makes them feel. They will not be happy. Write the citation and move forward. Be polite. Be courteous. Even in the face of attitude. It isn't worth the hassle. I've issued tickets on military posts where if the look on the face of the violator could have killed, I'd be one dead person right now.
Ms Bland should not have gotten confrontational with the cop. If a cop asked me if something was wrong as they were writing me a ticket I'd say "nope" and just sign the ticket. Again, there's nothing to be gained from a confrontation. Swearing at a cop and being confrontational is a losing battle from the very beginning. You can't win and you can lose big.
I'd place the blame here at about 90% on the cop and about 10% on Ms Bland. If this officer had been better trained and more experienced, this would never have gone where it went. Her confrontational attitude only made matters worse.
What happened in the jail cell is another matter entirely and is worthy of an exhaustive investigation. Let's hope that whoever is responsible is held to answer. This woman should not be dead.
Let's get through the legal stuff first. There is no statute in Texas where you can be charged with "failure to obey a lawful order." None. That doesn't mean a police officer can't give you an order that is lawful and you won't face a consequence if you fail to comply. It just means that the failure to obey in and of itself isn't the offense. For example, if you are engaged in a peaceful protest, at a time when the protest is no longer peaceful; the police can order you to disperse. Failure to comply will result in your arrest. It could result in a conviction. The offense won't read "failure to obey a lawful order."
However, Sandra Bland had no "right" to refuse to exit her vehicle. In Texas you can be arrested for any minor traffic violation, except speeding and violating the state's open container law. Now that doesn't mean the officer has to make an arrest. In fact, if you will sign a promise to appear on the traffic ticket itself, there is no need to make an arrest. But when a cop tells you to get out of your vehicle, failure to comply can result in arrest. Not following the officer's commands once you are placed under arrest can result in a resisting arrest charge.
The officer handled this traffic stop poorly. If his intent was to issue a written warning. Asking her if something was wrong was a loaded question that was almost certainly destined to create trouble. When you're writing someone up, even a warning, you don't try to pry into how it makes them feel. They will not be happy. Write the citation and move forward. Be polite. Be courteous. Even in the face of attitude. It isn't worth the hassle. I've issued tickets on military posts where if the look on the face of the violator could have killed, I'd be one dead person right now.
Ms Bland should not have gotten confrontational with the cop. If a cop asked me if something was wrong as they were writing me a ticket I'd say "nope" and just sign the ticket. Again, there's nothing to be gained from a confrontation. Swearing at a cop and being confrontational is a losing battle from the very beginning. You can't win and you can lose big.
I'd place the blame here at about 90% on the cop and about 10% on Ms Bland. If this officer had been better trained and more experienced, this would never have gone where it went. Her confrontational attitude only made matters worse.
What happened in the jail cell is another matter entirely and is worthy of an exhaustive investigation. Let's hope that whoever is responsible is held to answer. This woman should not be dead.
posted by me at 9:11 PM
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