Quote (thesnipa @ Sep 20 2024 09:08am)
I dont disagree. this falls in the window of what a person can do that is advisable vs illegal. his behavior was not advisable, but perfectly legal.
the only gray area comes in if "roll down your window" and "keep your window rolled down" are legal commands, and how long legally someone has in a matter of seconds to respond.
if they're legal commands fine, but there's no chance he was given a legal amount of time to comply. thats one of the worst aspects, he was given almost zero time to comply repeatedly while receiving conflicting commands. his widow tint may also be illegal, but thats a silly law imo.
super overzealous officer, and far too timid of cooperating officers who let him run wild. hefty settlement coming, and if hill is smart he'd donate it to some cause, my choice would be public defenders.
I subscribe to the camp that believes orders aren't lawful merely because they pass through an officer's lips. I think they have to be in furtherance of the law or public safety. I agree raising the window was inadvisable. But I've seen a lot of videos of dudes at DUI checkpoints holding their papers up to the rolled-up glass for the cops to see to think such commands are lawful.
Quote (SBD @ Sep 20 2024 09:40am)
Raising a tinted window on an officer clearly infringes on officer safety in my opinion (not taking a legal take here just my opinion) and I think its pretty reasonable and most would agree that when you decide to re-shroud yourself after being stopped by an officer clearly poses as a threat.
People also need to do better, did this officer also need to do better with commands, yes, but any reasonable person also who wouldn't roll their tinted window up in a cops face would also avoid the situation.
Clearly morons all around, but if you're a cop and you have some irate individual roll up a window where you can no longer see, seems pretty justified given what can happen and has happened before (cops being shot during a stop from a gun in a glove box).
Now from a legal view there's probably different actions an officer can take depending on what the person was pulled off for, traffic stop for speeding vs. vehicle suspected in robbery for instance and I am sure that will play in Hill's favour from a legal perspective.
I'd normally agree, but he had already handed over his ID, making any such claims of fearing for safety to be contrived.