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Old 12-04-2012, 7:10 PM
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Originally Posted by taperxz View Post
No you don't. You don't even have to show them ID in this state. You most certainly have options. LOL! You don't even have to talk to them even if they demand you to do so.
There was a recent ruling that residents cannot resist police even during an illegal entry, the reasoning being that there is an available recourse through the court system. I believe it was in Indiana and that it was the state Supreme Court (not federal).

I did a quick search and couldn't find similar case/ruling for CA, so you might be right that you can choose NOT TO obey a direct order form an LEO. Also, the above ruling was about entering a residence, not just any order so I am not sure anymore.

However, remember that what you think is illegal and what the LEO thinks is illegal are two different things, and one of you two has the benefit of qualified immunity should he make a mistake, while the other can end up with the resisting arrest felony.

At this point it would be good to hear from some of the legal experts on this forum what one can and cannot do when confronted with a direct order from an LEO, e.g., being ordered to step outside the car, or being ordered to keep one's hands on the steering wheel.
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