NE: Driver’s refusal to get out of car can be offense of refusal to obey lawful order

Because an officer can order a vehicle occupant out of a car under the Fourth Amendment (here because he couldn’t hear the driver because of a nearby ambulance), the occupant can be convicted of failure to obey a lawful order. State v. Campbell, 24 Neb. App. 861, 2017 Neb. App. LEXIS 145 (July 11, 2017).

“Brown gave Stallings verbal permission to search the vehicle, which was later memorialized in a written statement that Brown signed. Brown was not in custody at the time of the search, and he cooperated fully with the investigating officer, Eric Stallings, throughout the encounter. For instance, Brown indicated that paperwork for the car was in the glovebox, popped the trunk for Stallings without prompting, and examined some of the items in the trunk with Stallings. Such actions go beyond mere acquiescence to Stallings’s claim of lawful authority. The record reflects a conversational encounter that was free from threats, abuse, or other coercive techniques.” United States v. Brown, 2017 U.S. App. LEXIS 12289 (11th Cir. July 10, 2017).*