“The officer’s command to roll down the window ‘all the way’ does not sound like much of an imposition. But it is an unlawful command, and as such, it is not much different than the officer telling Ms. King to stand on her head. Stand on her head? What possible connection does that have with writing a citation for a broken tail light? Well, it has none, as does the officer’s claim that a partially rolled down window is somehow a safety concern. It is not. The officer’s order was arbitrary, is not for the safety of the officer, and, in fact, serves no purpose whatsoever. “If Ms. King is accused of ‘resisting an officer’ for her failure to roll down her window fully, Florida Statute 843.02 requires that the officer be engaged in the legal execution of any legal duty. It would appear, then, that before Ms. King is required to obey the order of the officer, the order must be legal from the beginning. Clearly, this officer’s order was illegal, and as such, Ms. King’s charges should be dismissed.”
Posted on: Wed, 24 Sep 2014 15:39:28 +0000
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