criminal-law constitutional-law human-rights
Covid-19 and the possibility of an officer infecting you
<p>With this Covid-19 pandemic in full swing and police illegally writing citations, what are my rights if I am illegally stopped and the officer is not maintaining our social distancing? In theory the officer could potentially be putting my life in danger by being a host of the the Covid-19.</p>

<p>If you are illegally stopped by the police, any subsequent action against you may be overturned on appeal. You have the right to remain silent, and the right to refuse a search, though if you are arrested, that trumps your desire to not be searched. (That's for a personal search, a warrant would be needed to search your vehicle, though). However, you do not have the right to resist arrest if you feel that a stop, citation or arrest is illegal. The is true with or without a pandemic. You suggest that officers are violating the governor's orders regarding "social distancing", but don't explain in what way and how that bears on an interaction with you. <a href="https://gov.texas.gov/uploads/files/press/EO-GA_08_COVID-19_preparedness_and_mitigation_FINAL_03-19-2020_1.pdf" rel="nofollow noreferrer">Here</a> is the March 19 order, and <a href="https://gov.texas.gov/uploads/files/press/EO-GA-14_Statewide_Essential_Service_and_Activity_COVID-19_IMAGE_03-31-2020.pdf" rel="nofollow noreferrer">this</a> is March 31. You should note that law enforcement is an essential service. You should also note that the orders distinguish between recommendations and actual orders (look for "should" = recommendation versus "shall" = order).</p>
