When Can A Police Officer Lawfully Order You To Move Along?::

The DC Checkpoint plan I blog about below raises another interesting question: Can a police officer order you to move along — that is, to leave the area — without any suspicion that you’ve committed a crime? Stephen Henderson recently wrote a very interesting article on the topic that is worth reading if you’re interested:‘Move On’ Orders as Fourth Amendment Seizures, recently published in the Brigham Young University Law Review.

  This topic also raises something I’ve long wondered about: What are the Due Process limits on criminalizing failure to obey an officer? In particular, is there a constitutional requirement that the person understands that failure to obey is a crime? Citizens generally have no idea when they have to do what an officer tells them to do, and I would think there is some sort of Due Process requirement of fair notice that the order has to be obeyed before an arrest can be made.

Powered by WordPress. Designed by Woo Themes