Police commands can create legally binding obligations, the moment they are given, so do we always have to obey police orders? We asked nationally recognized police law expert, Prof. Rachel Harmon (UVA Law School).
According to Prof. Harmon, certain police orders are unlawful (for example orders that violate Constitutional rights). If a police command is unlawful, and if the police use force to enforce the order, they could be subject to civil and potentially criminal liability. That said, what should an individual do if they believe that an order is unlawful? Prof. Harmon explains that rational actors will often "comply now complain later," but in some cases there may be no legal recourse for an unlawful police command where the citizen complied with the officer. The interview explores police commands their limits and where bad commands can escalate violence leading to unnecessary use of force.
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0:00 Do you have to obey police orders?
0:16 Can you be arrested for failing to comply with an unlawful order?
0:45 Recourse for Unlawful Arrest
1:18 How to determine whether an order is legal?
1:33 Is there a right to resist an unlawful arrest?
2:06 Dangers of Resisting a Police Order
2:40 The "Comply Now, Complain Later" Paradox
4:00 Is there recourse for complying with an unlawful order?
7:16 Police Commands Grey Area
