The Power of Police Officers to Give “Lawful Orders”
Brooks’s and Bland’s cases illustrate the need to curb officers’ ability to invoke disobedience of “lawful orders” as excuses for needless violence. Both women’s offenses were minor enough that the authorities could have issued them summonses to appear in court at a later date. Public safety did not require immediate arrests. 31 Moreover, although officers require the ability to give commands in potentially dangerous situations, overly broad statutes and create criminal liability even when civilians do not know they must obey an officer’s command. Making the law more specific would mitigate the risk of unfair convictions and wrongful escalation while giving police better notice about how they should exercise power over the people they serve. 32 Such reform would also work toward avoiding tragedies that damage officer-civilian relations, particularly in communities of color whose members are more likely to be stopped, searched, and shot by police.33