By Mr. Ogre
Today’s police officer is in reality a law enforcement officer. Decades ago, they were peace officers, dedicated to protecting and serving America’s citizens. And some agencies actually still have the old “to protect and serve” motto on their cars. But if you ask them, they exist to enforce laws today. And if you question them, they will tell you that they’re just doing their job – and enforcing the law. When they do so, they often give orders. Sometimes it’s a polite request, like “Can I see your license, please?” At other times, they’re more of orders: “On your knees! Keep your hands where I can see them!” Most people will instantly react to orders and will obey them. That’s just human nature. But is it possible for them to give an order that is unlawful?
Of course, many good readers will cry, “Yes, of course!” But wait – let me define the rules. Now, we all know that if a law enforcement officer of any stripe gives you an order and you disobey it, you are very likely to be detailed, arrested, beaten, or killed, depending on how bad the officer wants to enforce his order. But let’s outline a hypothetical situation:
Bob is walking down the street. He encounters a law enforcer who says to Bob, “Sir, put your finger in your ear.” Now, does Bob have to obey the law enforcement officer? If he does not, he may be arrested for disobeying an officer, be strip searched and placed in jail. At some point in the future (1-3 days), charges may be dropped and Bob freed. But is Bob successful when he has already been jailed? And keep in mind, due to qualified immunity, Bob will not be able to sue the law enforcement officer. He might be able to sue the department, but the officer is completely in the free and will not be held responsible in any way. Even the department won’t be held responsible because their funding won’t be reduced, instead the municipality that runs the police department will use taxpayer money to pay Bob.
So again I ask, is it possible for a law enforcement officer to give an unlawful order, a person disobey, and justice prevail?
Certainly, in theory, a person can sue for damages in any case. There are cases where individuals have sued police departments and received large monetary settlements. And there are even cases where law enforcement officers have been fired or jailed for committing crimes – but none of those crimes have been “giving an unlawful order,” have they?
I cannot find any reference to any case in the past 20 years where an officer has been held personally responsible for giving an unlawful order. Instead, disobeying ANY order by a law enforcement officer immediately becomes an additional crime: disorderly conduct, interference with a police officer, or some other made-up crime. Then the person is immediately arrested and jailed. Refusing to cooperate and help the officer arrest also becomes even more crimes like resisting arrest or assault. Now keep in mind, in our example, Bob merely refused to put his finger in his ear which could literally result in all these additional charges against him.
As I see it, there are only two possible explanations: Either no law enforcement officer has ever given an unlawful order; or it is impossible today for an officer to give an unlawful order (according to the justice system). How can it be otherwise? If you doubt me, feel free to try disobeying an order, any order, from a law enforcement officer. Have someone film it, though, because you will end up in jail.