I was wondering a person's general rights when in the vicinity of the police. If I see a police officer interact with a subject, am I allowed to refuse to leave the vicinity so that I can be a third party witness to their conversation? Is there a reasonable distance they can force me to go to when the subject is passive?
I hear too many instances in the news where police don't know their authority when it comes to civil rights issues from flag desecration (some may not approve but it is indeed a right) to a mother being able to breastfeed in a public place. Am I allowed to speak with an officer in a situation I am not directly involved in? Am I allowed to call the police to request further police assistance if an officer is unreasonable?
2007-07-30 14:27:52 · 9 answers · asked by balisarius 2 in Politics & Government ➔ Law Enforcement & Police
I didn't really mean to put much focus on the two civil rights issues I cited. They were just common sense examples I came up with where I would want to defend a person being treated illegally by the police. When referring to flag desecration I meant people that are asked by the police to take down upside down flags for example, which has occurred in the US recently. It is also federal law that a mother may breastfeed her infant in any public place that the mother is allowed to be including federal buildings, parks, the street, etc. Women are often protected from indecent exposure laws if they are breastfeeding as it is a violation of her civil rights to have a police officer or anyone to ask her to go elsewhere. Great, now I went on a tangent about these examples, hrm.
2007-07-30 14:49:27 · update #1
I don't allow people to stand next to me when I'm conducting business. If you're close enough to hear us, you're close enough to stab me in the neck before I can draw my gun. That, I will not allow. I can only concentrate on so many potential threats at a time.
If you refused to withdraw to a distance I felt safe in, I would most certainly detain you for obstruction until the incident I was dealing with was over. Then we would talk about what rights you think you have and what rights you actually have.
There is no reason for you to try and piss off an officer that is trying to deal with a situation. You're going to escalate the situation and bring the law down on you. It will be legal on the officer's part and expensive for you.
2007-07-30 16:30:24 · answer #1 · answered by California Street Cop 6 · 0⤊ 0⤋
Depending on what is being investigated, they can ALWAYS ban you from the area where evidence is likely to be found. It is reasonable for the officer to ask anyone not involved to maintain sufficient distance that a sudden move by the bystander OR the suspect would leave the officer room to react. If you can hear the conversation, you are probably inside that distance.
As for desecrating a flag, I doubt you can find a single case of anyone being arrested for that. The closest I have ever seen involve arresting people under laws that prohibit burning ANYTHING in public. The fact the object being burned was a flag is NOT relevant. Also, the first amendment does NOT protect all forms of expression. If speech was intended to mean anything more than the spoken word, the very next phase would not protect the press, as that would already be covered under a general freedom of expression.
2007-07-30 22:04:14 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
If a police officer instructs you to leave an area and you do not he can arrest you for disobeying his order. It is a safety issue for them. The law in California is a misdemeanor and can carry a punishment of up to 1 year in jail (not likely).
I think if you withdrew to a public place a good distance away and watched it would be considered acceptable to the officer. In most cases they demand you leave for their safety nothing else.
2007-07-30 21:31:38 · answer #3 · answered by netjr 6 · 0⤊ 0⤋
OBSTRUCTING JUSTICE is the phrase you will be cited.
If you interfere with the duties of a police officer, you may be charged with obstructing justice, and could face jail.
Now, as for your point about the flag... The American Flag represents your first amendment right to burn it, so when you burn an American Flag, you are inadvertently (and ignorantly) showing your belief in the American Flag and for which it stands. That is why there is no law against it, and the American Police know that.
As for public breastfeeding, name one wholesome American man against that?
2007-07-30 21:39:25 · answer #4 · answered by kNOTaLIAwyR 7 · 2⤊ 1⤋
Yes, they can order you to whereever they want to, failure to obey a lawful order is a crime. As far as your flag desecration issue...it is indeed not illegal to burn the flag specifically, however, in many cities a live burn not contained in a container can be arson, reckless endangerment, disorderly conduct, and if you walk into the street, jaywalking.
2007-07-30 21:38:41 · answer #5 · answered by zebj25 6 · 0⤊ 0⤋
Your presence should be covered under freedom of assembly.
BTW, public nudity (i.e. breastfeeding) is in no way a right. Flag desecration is not a big issue with me but it is not "indeed a right," as freedom of speech has been mistranslated into freedom of expression, which could be considered to include any number of illegal actions.
2007-07-30 21:41:18 · answer #6 · answered by Anonymous · 0⤊ 3⤋
No--you'll probably end up in jail. Let them do their jobs. If a subject of an investigation has a complaint, they can file a report. It isn't your perogative to get involved.
2007-07-30 21:33:17 · answer #7 · answered by Merissa F 3 · 0⤊ 0⤋
If you are told to leave, and you don't, then you are interfering. Right or wrong - like it or not - that's the law.
2007-07-30 21:32:34 · answer #8 · answered by Derail 7 · 0⤊ 0⤋
You have too much time on your hands. You can be arrested for obstruction.
2007-07-30 21:33:01 · answer #9 · answered by Anonymous · 0⤊ 0⤋