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by A-R
Thu Sep 20, 2012 4:17 am
Forum: Off-Topic
Topic: Definition of a Texas LEO's "lawful commands"?
Replies: 17
Views: 4500

Re: Definition of a Texas LEO's "lawful commands"?

"Here's your citation for thread drift. Try to keep it in one lane."
by A-R
Sun Sep 16, 2012 10:00 am
Forum: Off-Topic
Topic: Definition of a Texas LEO's "lawful commands"?
Replies: 17
Views: 4500

Re: Definition of a Texas LEO's "lawful commands"?

All the above of course DOES NOT give the officer right to act like a jerk - he SHOULD still remain professional and courteous.
by A-R
Sun Sep 16, 2012 9:59 am
Forum: Off-Topic
Topic: Definition of a Texas LEO's "lawful commands"?
Replies: 17
Views: 4500

Re: Definition of a Texas LEO's "lawful commands"?

Next, look at police duties:
Code of Criminal Procedure 2.13. DUTIES AND POWERS. (a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means.
(b) The officer shall:
(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.
(c) It is the duty of every officer to take possession of a child under Article 63.009(g).
The police "duty" - I assume - was a lawful traffic stop for violation of some provision of the traffic code.

And then refusing to comply with an officers lawful orders given to effect his lawful duties could be:
Penal Code 38.15.  INTERFERENCE WITH PUBLIC DUTIES. (a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:
(1)  a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
(b)  An offense under this section is a Class B misdemeanor.
(d)  It is a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of speech only.
(d) above could be an issue related to the "passive resistance" mentioned in WildBill's link above
by A-R
Sun Sep 16, 2012 9:46 am
Forum: Off-Topic
Topic: Definition of a Texas LEO's "lawful commands"?
Replies: 17
Views: 4500

Re: Definition of a Texas LEO's "lawful commands"?

Not the whole answer, but a start based on Federal case law

http://en.wikipedia.org/wiki/Pennsylvania_v._Mimms" onclick="window.open(this.href);return false;

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