Question for any Lawyers...is Shelter in Place Legal

[Desk Jockey]

I am just wandering is the shelter in place order constitutionally legal? Police are starting to pull people over and tell them to get off the roads were I am.

Depending on your state and municipality your officials have pretty broad authority to abridge your rights in the public interest. Those powers get broader if you are in a state currently deemed a disaster area. I don’t want to sound harsh or insulting but you are kidding yourself if you think your pocket constitution is a “get out of the house free card”.

I mentioned this in another thread, but the first causality in a situation like this is your civil liberties or more specifically your illusions of them. Hope things don’t get really stupid and they enact powers to track movements via phone/gps like the Israelis are doing just “make sure people are complying with quarantine”.

 

[87TT]

Jeesh! Just use some common sense people! Seriously, don't be a Richard cranium. There are not enough cops to enforce any of this but have some freaking common sense and responsibility. If it's not safe or could cause a problem don't do it.

 

[5MilesBack]

If it's not safe or could cause a problem don't do it.

That's pretty much good advice for any times. That hasn't changed.

 

[Rich M]

Northern Colorado here, and our county issued a stay at home order at 3:45 pm yesterday that lasts through the 17th. At 4pm, our State issued a stay at home order that lasts until the 11th. It is such a Charlie Foxtrot of conflicting information, even the LEOs have no real idea what they are supposed to do. Arapaho County Sheriff said this morning in an interview that his deputies need probable cause to conduct a stop and stay at home violations do not qualify as such.

I just read our "executive order" for my county - has about 1.5 pages of folks who can still work.

Wife sent me a thing that says it isn't meant to be an arrest or ticket thing - just to get folks to stay at home. Also gives a number to call in violators. LOL! Charlie Foxtrot for sure.

I've got no desire to get exposed to or "exercise my rights" in this time of need. The number of cases went from 55 to 110 overnight around here - bunch of folks out there spreading this stuff around.

 

[netman]

To the OP. Is this something you heard or seen on Facebook?
Have you been pulled over yourself and asked what you were doing or where you were going?

 

[realunlucky]

I just read our "executive order" for my county - has about 1.5 pages of folks who can still work.

Wife sent me a thing that says it isn't meant to be an arrest or ticket thing - just to get folks to stay at home. Also gives a number to call in violators. LOL! Charlie Foxtrot for sure.

I've got desire to get exposed to or "exercise my rights" in this time of need. The number of cases went from 55 to 110 overnight around here - bunch of dumb asses out there spreading this stuff around.

...

Sent from my moto z3 using Tapatalk

 

[CorbLand]

Jeesh! Just use some common sense people! Seriously, don't be a Richard cranium. There are not enough cops to enforce any of this but have some freaking common sense and responsibility. If it's not safe or could cause a problem don't do it.

Just going to quote this in hopes that if people read it twice it will sink in.

 

[WCB]

Minnesota goes into a "Shelter in Place" order Friday night. I work an "essential" job and have been going in 1 time a week for the last couple weeks to get some stuff that piles up on my desk done.

We can do the normal grocery and medical stops, along with checking on relative (delivering essentials to relatives) etc. Liqiour stores are open for the most part and in the press conference when asked about that our Governor said " in times like these yes..." liquor stores are essential.

Nice think is right in the proclamation is says outdoor activities, walking, biking, general exercise or legit reasons to be out. It also states Fishing and Hunting or also essential or allowable activities.

 

[WCB]

I am just wandering is the shelter in place order constitutionally legal? Police are starting to pull people over and tell them to get off the roads were I am.

Could be worse and live in Illinois where the government is threatening to arrest people for going on "long walks".

 

[Gunnersdad49]

I've got desire to get exposed to or "exercise my rights" in this time of need.

I'm thinking you missed "no" in your sentence. I'm guessing you've got no desire to be exposed.
I'm with you on that.

 

[longspeak74]

Wisconsin has a "Safer In Home" thing happening currently until 4/24. All outdoor activities encouraged as long as social distancing is practiced. Fees waived for all state parks. I plan on doing some social distancing this weekend checking tree stands and hanging cameras.

 

[Marble]

They are just pulling people over random.

Where is this happening at?

 

[Marble]

In Oregon the state police put out a Q&A form explaining what they will be doing during our Stay home Stay healthy order from the Governor. They will not be pulling people over without probable cause.

Same in CA.

 

[Carr5vols]

I don’t know many LEO’s that are going to be doing that. If that’s the way your City Police operate then you’ve got some real Barney’s there. I’d be having a chat with the Mayor.

The mayor is a igmotardiot the only reason she has the job is she is the wealthiest family in town.

 

[Carr5vols]

Where is this happening at?

Alabama/Geoegia line off I-20.

 

[Carr5vols]

Was not trying to cause a stink with this, I was just wanting a true lawyer to weigh in on it. I am working from home half the week, and from the plant the other half. We have letters that we have to carry that say we are essential. More worried about hunting/ fishing trips I have planned this spring. Burnt my sons 6 PP to pull a certain youth turkey tag and it is this weekend. 3 hours away...

 

[CorbLand]

So have you actually witnessed this happening or have a reliable source that it is?

I mean I have heard 4 times in the last 2 weeks that the US is going to be in total lock down in less than 48 hours, that marshal law is going to be implemented, that Show Low Arizona has already implemented marshal law, that China is going to invade and a hole other load of BS.

If your that worried about your hunts just go for it. The worst thing that is going to happen is that you get told to go home and maybe a ticket. Its not like your going to get two to the face for walking out your front door.

 

[Carr5vols]

So have you actually witnessed this happening or have a reliable source that it is?

I mean I have heard 4 times in the last 2 weeks that the US is going to be in total lock down in less than 48 hours, that marshal law is going to be implemented, that Show Low Arizona has already implemented marshal law, that China is going to invade and a hole other load of BS.

If your that worried about your hunts just go for it. The worst thing that is going to happen is that you get told to go home and maybe a ticket. Its not like your going to get two to the face for walking out your front door.

One of our workers. And they had to call us to confirm they were employed by us

 

[TJ]

I am an American constitutional lawyer – and I see our government using Covid-19 to take away our fundamental rights

Do we really think “it can’t happen here” in America? Could we quarantine the constitution? Are we doing it already?

www.rt.com

Hey comrade. You do know your "news" comes from Russia! RT, Russian Times, I'm quite sure it's 100% real and not biased in any fashion. I mean why would Russia want to spread dis-information.

 

[PNWGATOR]

Lol.

I didn’t. Appreciate the heads up