laohao_133m
Region: US
Wednesday 19 November 2025 05:35:43 GMT
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davidlopez3994 :
😡😡😡
2025-11-19 13:24:32
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Jadence2025 :
Police are not legally required to put up yellow tape to create a crime-scene perimeter. Tape is only a tool — it has no automatic legal force by itself. What actually matters is whether the officer has lawful authority to order you off a particular spot. The Only Two Ways Police Can Legally Force You to Leave a Public Sidewalk 1. Probable cause that you are committing a crime right now (obstruction, trespass after warning, etc.). 2. Exigent circumstances / officer-safety order that is narrow in time and place (e.g., active shooter, bomb threat, evidence in the street you are standing on). If neither of those exists, the officer cannot lawfully order you to leave a traditional public sidewalk simply because a crime scene is nearby and no tape is up. Real-World Rules (2025) • No tape = no automatic proof the area is still open to the public. Courts repeatedly say this (examples: Turner v. Driver, 5th Cir. 2017; Sharpe v. Winterville, 4th Cir. 2023). • Officer says “this is a crime scene, you have to leave” → you can calmly ask: “Am I being detained or am I free to remain on the public sidewalk?” • If they say “free to go,” you are also free to stay and film. • If they say “you’re detained,” demand the specific crime. • Refusing to leave after a lawful order backed by one of the two reasons above can become obstruction (PC 148(a)(1) in California, or similar statutes elsewhere). But an order that is not backed by probable cause or true exigency is itself unlawful — and you cannot be arrested for disobeying an unlawful order (In re Gregory S., 1980; People v. Quiroga, 1993). Bottom Line You Can Use on Scene “Officer, I’m on a public sidewalk, I’m not interfering, and there’s no tape or barrier. Unless you have probable cause I’m committing a crime, or an immediate safety reason that requires me to move right now, I’m going to continue exercising my First Amendment right.” Most officers back down once they realize no tape = no automatic authority. The ones who don’t usually lose the lawsuit later.
2025-11-26 06:57:09
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