Should You Disobey a Direct Order to Charge a Suspect Without Witnessing the Crime?

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Should You Disobey a Direct Order to Charge a Suspect Without Witnessing the Crime?

Law enforcement often demands immediate decisions, especially when orders come from superiors. But what if you're directed to issue a charge without witnessing the alleged crime? The recent case Timothy Hall v. Blake Navarre (Sixth Circuit, 2024) sheds light on the nuances of qualified immunity, command structure, and reasonable belief.

Key Case Facts: Hall v. Navarre

• The Situation: Detroit protester Timothy Hall was arrested, and Officer Barr issued him a citation based solely on orders from his supervisor. Hall’s charges were later dismissed, and he claimed his rights were violated due to Barr’s lack of direct observation.

• The Ruling: The court granted Barr qualified immunity, reasoning he acted on “plausible instructions” and believed probable cause existed based on the supervisor’s command.

Quick Takeaways for Officers

• Plausible Orders Matter: If you believe orders are reasonable, especially in complex situations, qualified immunity may protect your actions.

• “Following Orders” Has Limits: Qualified immunity does not extend to actions that plainly violate constitutional rights.

• Document Everything: Keep records of commands, situational context, and your observations. This can help if your actions are legally questioned later.

When Should You Question an Order?

1. Evaluate Plausibility: In scenarios like crowd control, relying on supervisor instructions may be justified if probable cause seems likely.

2. Record Context: Document who issued the command, details of the situation, and your reasoning. This is crucial in case of future scrutiny.

3. Ask When in Doubt: If possible, seek quick clarification from a superior or legal advisor if an order seems ambiguous.

Real-Life Scenario: Can Orders Go Too Far?

Courts generally uphold qualified immunity if orders appear reasonable. However, in cases like Bunkley v. City of Detroit (2018), the Sixth Circuit ruled that actions obviously violating constitutional rights aren’t protected by qualified immunity—even under orders.

Example: Imagine a supervisor directs an officer to detain a group without any specific basis. If the officer follows this command without further context or observable behavior, they could risk legal liability, as courts may rule the action unjustified.

Bottom Line: Trust Your Judgment

When orders seem questionable, consider these guidelines:

• Think Beyond “Just Following Orders”: Reasonable belief and situational awareness are crucial.

• Protect Yourself: Record your actions and context—this documentation can be invaluable.

• Act in Good Faith: The goal is balancing obedience with independent judgment to ensure your actions are both lawful and defensible.