Dallas, TX asked in Civil Rights, Constitutional Law and Criminal Law for Louisiana

Q: Can police order you out of vehicle parked in your own yard at gunpoint, for an investigation of theft across the street

Based of a telephone tip?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Police can order you out of a vehicle in certain situations, even on private property, if they have a reasonable belief that you are involved in criminal activity or that their safety is at risk. If they received a tip about a crime and believe you may be connected or possess information, they might feel justified in taking precautions, such as drawing their weapons. The law gives them broad authority to investigate, but their actions must be reasonable under the circumstances.

However, being in your own yard doesn't automatically make you immune to police actions during an investigation. If they believe there is an immediate threat or need to secure the area, they might act more forcefully. It’s important to remain calm and comply with lawful commands, but you do have rights, including the right to ask why they are asking you to step out.

If you feel their actions were excessive or unlawful, you can always file a complaint afterward or seek legal advice. Understanding your rights in the moment can help keep a tense situation from escalating further.

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