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Old 12-04-2012, 7:14 PM
taperxz taperxz is offline
Join Date: Feb 2010
Location: Lake County
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Originally Posted by IVC View Post
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.
Orders given for officer safety are a separate issue from the OP of this thread regarding fish and game checkpoints and how they ca or can't legally operate.
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