What constitutes a lawful order?

An order is generally lawful provided that it is for police purposes and would not render you liable to any criminal, civil or disciplinary action. … the regular cleaning or any part of the cleaning of a particular Police Station, and any other work not connected with police duty.

What makes a lawful order?

Unfortunately, the court then adopted the ambiguous rule that an order is lawful when that order is “reasonably designed to achieve” its goal. The court did not further define “lawful order” or describe what legitimate goals were to be achieved by a particular order.

What is the legal definition of a lawful order?

Lawful order is any order of court which is not erroneous; any order which may not be reversed on appeal for error. Contempt is defined to be the disobedience or resistance of a lawful order of a court or judge and every erroneous order or judgment of a Court is unlawful.

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What is a lawful order in the Navy?

A lawful order was issued by a member of the armed forces; You had knowledge of that order; You had a duty to obey that order; and. You failed to obey the order.

Do you have to obey the police?

A: No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail.

Can NCOS give lawful orders?

To answer your first question: Any Officer, NCO, Petty Officer, Warrant Officer or person in a position of authority (ie, SFS) can give lawful orders. An NCO doesn’t need AFI “back up” to order you to do something.

What mean lawful?

lawful, legal, legitimate, licit mean being in accordance with law. lawful may apply to conformity with law of any sort (such as natural, divine, common, or canon). the lawful sovereign legal applies to what is sanctioned by law or in conformity with the law, especially as it is written or administered by the courts.

What is lawful consideration?

Lawful consideration is anything of value, tangible or intangible, that may be transferred in exchange for something else of value. Thus there must be mutual consideration between the parties to a contract. … Conversely, if the contract lacks consideration on either side, it will not be enforced at law.

What is a lawful demand?

A legal demand is one that is made by a lawfully authorized individual and is proper as to form, time, and place. …

Can a cop make you take your sunglasses off?

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No. You do not have to take your sun glasses off. In fact, I recommend leaving them on. When you’re pulled over, the police are trying to put together enough evidence to make an arrest.

Who can give a direct order?

1 Orders. Direct orders are essentially any command a commissioned or non-commissioned officer gives to his/her subordinates. Direct orders are given daily in the form of instructions for the general functioning of the military.

What is Article 92 dereliction of duty?

Article 92 of the Uniform Code of Military Justice (UCMJ) is “Failure to Obey an Order or Regulation” (written or stated). … The military also considers it a dereliction of duty to perform a job so poorly that innocent non-combatants or one’s own troops get injured or killed.

What is the minimum punishment for Article 92?

A conviction of a violation of or failure to obey other lawful order carries the punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Can you tell a cop you don’t answer questions?

You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

Can you refuse to go in for questioning?

If you do comply, the police officers will not read your Miranda rights and you may answer the questions they ask you. You do have the right to refuse or ignore a request for questioning, but the officers may choose to arrest you, depending on the nature of the case.

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What’s the difference between a lawful order and a direct order?

Orders are either lawful or unlawful. The informal term “direct order” tends to mean an order given face-to-face from a person in authority to a subordinate. It has zero meaning under the UCMJ as the “direct order” still has to be lawful to have effect. MCOs are presumed to be lawful orders or regulations.

Can an NCO take your phone?

The military cannot confiscate private property without probable cause or a warrant. This would be a violation of the Soldier’s Fourth Amendment rights. The NCO can order the Soldiers not turn on their phones during duty hours or to not have their phones out during duty hours, except for an emergency.

Does NCOs have authority?

You as an NCO have both general military authority and the duty to enforce standards as outlined in AR 670-1. Your authority to enforce those regulations is specified in AR 600-20 and if you neglect your duty, you can be held accountable.

What is the difference between lawful and legal?

The terms lawful and legal differ in that the former contemplates the substance of law, whereas the latter alludes to the form of law. A lawful act is authorized, sanctioned, or not forbidden by law. A legal act is performed in accordance with the forms and usages of law, or in a technical manner.

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