The Arizona Republic and others are confused about the difference between an order and a request.
We see this a lot at FairDUI.
If an officer says “Would you please roll down your window?” that is a request, not an order.
If an officer says “Roll down your window or else …” that is a clear order.
One of our goals is to force the officer to clearly make it an order rather than just a request.
You might ask why.
Because it would be an illegal order.
Evidence that comes from an illegal order is generally thrown out. Illegal police orders lead to lawsuits against police. Requests are not orders.
Drivers who comply with such requests are deemed to have consented and waived their rights.
Police in most such encounters do not have the authority to order a driver to roll down the window. The driver is generally not required to hand over their license, only to show it.
Citizens do not have to let the officer smell inside the car.
Even if handing over the license were required by statute, as it arguably is in some states, that requirement does not trump the driver’s right to be free from unreasonable searches.
Why does the officer need to hold documents in his hand?
Police officers don’t care about holding plastic. They want the window down so they can smell inside the car and closely observe the driver’s face.
Both are searches violating the driver’s Fourth Amendment rights, but only if the driver asserts those rights.
If the driver voluntarily rolls down the window (something people usually do without even being asked), then he has waived those rights.
I love Photography is Not a Crime.
PINAC is a key part of the new civil rights movement.
In the past civil rights was about race, gender, sexual orientation, or some other particular group seeking equal and/or special treatment.
This new civil rights movement is about all citizens.
In the modern world we are all journalists.
We all have the right to take pictures and video in public, of police and other government officials and more. This is the First Amendment in action.
Many PINAC journalists, and others, have encountered government hostility and police harassment similar to what drivers experience in checkpoints and traffic stops. In these encounters journalists often face the same Fourth, Fifth and Sixth Amendment issues.
As “journalists” the Arizona Republic probably appreciates the Constitution’s First Amendment and they assert their rights under its Bill of Rights when necessary.
Shouldn’t the Arizona Republic’s editorial board also support normal people asserting their rights under the other amendments too?