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Lawful order by leo

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,337
Location
Nevada
I think NO!!!

See US V. Black

Running away, because you don't want to see or be stopped by cops is not RAS of a crime...

I suppose it could then be held against the driver for allowing the escape of his seized effects?
 

qednick

Regular Member
Joined
May 1, 2007
Messages
499
Location
Bandera, TX
Let's say the driver was giving someone a ride home, and was only a block away when he is lawfully pulled over for a traffic violation. Does this mean that the passenger is not allowed to get out and walk home while the driver is detained?

My understanding is the cop can claim the passenger is a witness to a "crime"? The only way for the passenger to know for sure whether there's RAS or if the cop thinks the passenger is a witness, would be for the passenger to ask the cop "am I free to leave?".
 
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