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

[Carr5vols]

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.

 

[kda082]

How can they know where you’re going and if you’re essential? Here we just entered 30 days, but are allowed to get food carry out, groceries, bank, auto repair, and so on. Not encouraging you to break rules, but to me it just seems impossible to enforce. I’m guessing they’ll mostly break up large gatherings.

 

[Rich M]

Basically if you've got a reason to be out you'll be fine.

If there is no reason to be out, stay home.

If enough folks disregard the order, they will likely "just" shut down various areas for the 2 week time-frame. Not difficult to do, cop at every major intersection. You get ticket for being on road and told to go home. Every place is closed - no reason to be on road.

That could be a reality - if folks don't listen.

As to the constitution - YES, the government has the right to do what is in the best interest of the population. Martial Law could be used to enforce the request.

 

[Billy Goat]

Here employers are handing out letters to employees to state their employment and that they are essential.


I have have been driving my farm truck a bit more. I figure the f tags are self explanatory.

 

[BRTreedogs]

I think you would have to read the declaration of state of emergency.
Everyone always wants it declared because it means money.
But I think there alot of loop holes in there.

 

[SWOHTR]

Everyone thinks the asterisk applies to them...

stay home if you have no reason to be out.

 

[tttoadman]

Here employers are handing out letters to employees to state their employment and that they are essential.


I have have been driving my farm truck a bit more. I figure the f tags are self explanatory.

I do work for infrastructure and dept of defense. We all have those letters in hand so we can produce that and our company ID if questioned by officers.

"Essential" is pretty reaching. Notifications were also sent to our critical suppliers and vendors notifying them that they are "Essential" resources for us, and they are required to continue working.

I understand the idea, but it makes me wonder what kind of liability the govt is taking for directing people to go into harms way.

 

[Carr5vols]

How can they know where you’re going and if you’re essential? Here we just entered 30 days, but are allowed to get food carry out, groceries, bank, auto repair, and so on. Not encouraging you to break rules, but to me it just seems impossible to enforce. I’m guessing they’ll mostly break up large gatherings.

They are just pulling people over random.

 

[Rmauch20]

It is damn near impossible to enforce. First off most states and city’s who have an enacted this the penalty is only a misdemeanor. Since most jails are only taking people on person Felonies right now you’re not going to jail on a misdemeanor.
If I were to get pulled over at random for being out my only response to them would be that I’m doing my Essential business. And nothing more. I wouldn't tell them where I’m going, what I’m doing, or who I’m going to go see him. It’s none of their F’ing business.

 

[Crowmangler]

Here in NC only a few counties are issuing them but of course every one of my projects are in those counties.
The directive loosely defines "essential" & construction is allowed on "essential" projects.
As stated above letters are being given to crew members in case they get stopped on the way to/ from the site.
My argument is that guys working in the middle of a jobsite are much less likely to contribute to the problem than if they are forced to stay at home & go hang with all their buddies house to house, etc.
We're working until someone actually forces us to stop
People have to work & support their families. If they can't they're gonna go somewhere they can. Small businesses that lose their guys are F'd. They're not gonna wait 3 weeks for a $1,200 check from the gov't

 

[manitou1]

And therin lies the problem. Stay home and quit socializing and spreading this crap and we will get over it much sooner.

 

[Dcrafton]

Does it suck? Yes, but let’s look at what is happening around us these days. If you don’t need to be out, stay the heck home! People will complain if they do try to stop people from leaving and they will complain if they don’t try to stop people from leaving.
Just do your part and help those in need of help.


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[PNWGATOR]

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

 

[brsnow]

How can they know where you’re going and if you’re essential? Here we just entered 30 days, but are allowed to get food carry out, groceries, bank, auto repair, and so on. Not encouraging you to break rules, but to me it just seems impossible to enforce. I’m guessing they’ll mostly break up large gatherings.

I have to carry a letter from the government showing I am essential worker.

 

[toadmeister]

Helps to put into context if you tell us where your located fellas....

I’m in NE Iowa and work for a company that has been identified as Strategically Critical to Infrastructure, so game on. I’m still working from home however but can go to the factory as needed (per management not law).

That said, plenty of people are out driving around and no ones really batting an eye. I even go for the occasional solo bicycle ride, which is still compatible with Social Distancing as long as I’m not stopping in town. I live in a rural area.


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[gbflyer]

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.

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.

 

[Dos Perros]

And therin lies the problem. Stay home and quit socializing and spreading this crap and we will get over it much sooner.

This represents a basic misunderstanding of the plan in place. The idea is to spread it out longer, "flatten the curve," which means it will take longer to get it over with. The fastest way to get it over with is just to let everyone out and act normal.

 

[Dos Perros]

They are just pulling people over random.

They can't do that. They have to have probable cause.

 

[Rich M]

This represents a basic misunderstanding of the plan in place. The idea is to spread it out longer, "flatten the curve," which means it will take longer to get it over with. The fastest way to get it over with is just to let everyone out and act normal.

That's where the overrun hospitals comes in - too many sick folks and then we start getting to decide who dies.

They can't do that. They have to have probable cause.

If you are on the road when you have been told to stay home, I'd say that's probable cause.


We go into "quarrantine" at 11 tonight - I'm one of those "essential" employees and will still be headed into work. Home to work, work to home. Groceries, then home. We don't have any letter or such from employer - just our good looks and charm.

 

[Kgentry]

I’ve been sitting in my house for almost two weeks other then running to the grocery store to grab groceries twice. No shelter in place orders yet here in Montana but I’m still hoping to get some turkey hunting in.