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Being asked to step out of your vehicle during a traffic stop had been found to not be a violation of 4th Amendment rights. You can be ordered to step out for pretty much any reason, without any explanation.
What the officer can't do is order you to get out in an effort to prolong the traffic stop.
The officer isn't REQUIRED to pull him out of the car and slap cuffs on him. But at the same time the officer isn't REQUIRED to say "okay great name, DOB, and social?" The officer MAY do either one. As in the officer is permitted to do either one of those.
originally posted by: NightSkyeB4Dawn
a reply to: Shamrock6
We will have to wait and see what the courts decide. It looks promising that his superiors feel his actions were unnecessary and criminal. I know at least one of his supervisors have been called to a stop he had made previously, for the same over aggressive behavior towards a alleged minor traffic infraction. I know that they feel they made a mistake in hiring him and allowing him to remain in his position.
At the risk of being dense, embarrassing myself, and again, repeating myself. Mr. DuBose died "not" because of a traffic violation. He did not die because he "may" have been under the influence while driving. He did not die because he was resisting arrest. He died because Tensing's ego could not bear him being"defied".
There were numerous nonlethal ways to handle the situation. The horror of the situation is that the lethal resolution was the first response and the last response Tensing chose.
Again keeping in mind that you are dealing with an individual that has been in the military, and have interactions with law enforcement employees regularly. I know the mind set. This is a very dangerous trending and everybody with at least one brain cell knows this. This situation should "never" have escalated to the degree that a man was killed for no "good" reason.
Those that continue to push for an excuse to justify this man's death, to me are suspect. When killing, because you can, is the standard, we all are vulnerable. When life has no value we are all dead, walking zombies, waiting to be the next target or caught in the cross-fires.