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Sandra Bland being told to get out of the car by Brian Encinia |
She was pulled over for a traffic violation. She was going to get a warning. She was asked to put out her cigarette. She responded that she was in her vehicle and that she didn't have to put out her cigarette.
Such a response was interpreted as "argumentative and uncooperative". State Trooper Brian Encinia was offended and felt disrespected by such as response. This is evidenced in him demanding that she get out of her vehicle because she didn't want to put out her cigarette.
After commanding her to "get out of the car", Encinia pulls out his taser and says, "I"m going to light you up!" You can hear the hostility in his voice.
He later tells this woman that she's being arrested because she's not complying. This is why Sandra Bland was arrested, for failing to "comply" with putting out her cigarette?
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Many say that this isn't Sandra Bland. |
Some will argue that under the Fourth Amendment, law enforcement officers have the right to arrest a person that has been stopped for a traffic violation. In Atwater v. City of Lago Vista, an officer can either make an arrest, or issue a citation during a traffic stop.
Now from watching the dash cam's video, we can clearly determine that Encinia had no intention of arresting Bland. He gave her a warning.
The question is this -- If Encinia initially decided to give Bland a warning, did he have the right to arrest her? According to Rodriguez v. United States, the court asserted that once an officer issues a citation, or in Sandra's case, a warning, the traffic stop comes to end.
This isn't the situation in Bland's case. After being given a warning, she is told to put out her cigarette and told to get out of her car for failing to do so. Encinia could have only told her to get out of her vehicle if he felt his life was in danger (Pennsylvannia v. Mimms). According to the dash cam's video, Bland never threatened or made any hostile gestures towards Encinia.
So did Encinia have the right to tell Bland to get out of her vehicle? No! In Rodriguez, Justice Ruth Bader Ginsburg stated, “A police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution's shield against unreasonable seizures." In other words, Encinia had no right to tell her to put out her cigarette, or to get out of her car after giving her a warning.
In having saying all of this, do you believe that Sandra Bland actually killed herself? Why haven't seen a profile mugshot yet?