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

[Poser]

Dispensaries were deemed essential in CO.

 

[Gunnersdad49]

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



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

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.

 

[CorbLand]

I have been doing my best to stay home for the last 10 days. My wife and I go for a walk once a day. Go to get groceries once a week. I work from home for one job and go in for the other. Its not terrible but I hope its over in a month or so.

One thing you have to remember is that your rights end when they affect others. I love my rights and refuse to give them up but sometimes you have to ask how selfish you are really being.

 

[DRP]

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.

 

[Don Qui Puncher]

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.

My friend got rear ended hit and run yesterday and called the police with plate number and they said call your insurance we’re not responding, so he was like WTF and the guy said listen you could have it or the person that hit you we’re not responding to motor vehicle accidents unless it’s in a bad spot and we’ll sit in our car with the lights on till the tow truck comes, we’re only responding if someone’s life is in danger

 

[Phaseolus]

I’m lucky enough to live next door to millions of acres of BLM land...

 

[Titan_Bow]

I was planning on driving out to Nebraska tonight for 3 days of turkey hunting. Cant get anymore social distancing than that, but now I'm getting really concerned of getting a fine or getting hassled by law enforcement for attempting the drive out there...

 

[roosiebull]

I’m lucky enough to live next door to millions of acres of BLM land...

yeah, our property butts up to a big chunk of NF land, so I can be in the woods no matter how strict this thing gets.

Oregon's stay at home order is pretty lax though, and people that I have seen seem to be doing a pretty good job not grouping up.

the Hotels finally cleared out, that was gonna chap me if they left them open, because that's inviting out of towners. Oregon has got off pretty easy, and I hope it stays that way.... takes some initiative from everyone.

the problem is the attitude that most age demographics have no serious threat from this virus, though that itself isn't accurate, even if you don't get taken out by it, spreading it to those who might is a big deal.

I haven't been staying at home much, but i'm also not being in contact with anyone either..... I plan to stay in the woods and on the river for the duration of this, because that isn't putting anyone in danger, and I don't turn into a menace to society from being cooped up

 

[5MilesBack]

It's really comical when a liberal governor or mayor puts out an order to the police to stop arresting so many people......so........"stop enforcing the laws". And then in the next statement they issue a new law........a "stay at home" law. But that means nothing now because you've already told the police to not enforce the law.....LOL. Idiots.

Is it Constitutional or legal to only enforce some laws while ignoring all other laws......just like the sanctuary cities and states do?

Liberty - "the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views."

We as Americans either have liberty.......or we don't. Which is it? You can't have liberty, but also have it restricted by government authority whenever they feel that they "need to". That's like saying "we enforce the laws, until we don't".

 

[TraderMike]

I was thinking about doing some "social distancing" in the middle of my favorite trout stream this weekend. But then Polis issues his "stay at home order".
Yet liquor stores remain open as do pot shops.(?)

This all has me wondering what my reply would be to a police officer who would be standing 2-3 feet from my vehicle window, violating the social-distance requirement and thus potentially endangering my health, as he/she inquires as to my reason for being on the road.

Would the best response be...
-Truth; "Hi officer, I am just heading to the river to do a little lip ripping and social distancing. Was I speeding?"

or
"What's up dude? My local pot shop is out of my preferred strain so I am driving to another shop to stock up. Was I speeding?"

or
"Good day, officer. I identify as virus resistant angler so clearly your laws don't apply to my person. Now, was I speeding?"

As I understand it, I am still allowed to take a walk around the block or go for a run. Why can't I get in my truck and go for a relaxing drive and spend a little solitary time soaking in a river?

 

[BackcountryBloodline]

Heard it through the grapevine that the rural RCMP here has an order to cease non emergency traffic stops and are no longer responding to non emergency calls...may or may not be true but I haven't seen a city cop on the road all week and all the jewelry stores downtown have been boarding their windows. We have one of the worst homeless/drug problems in north america in my city, supply has gone down, demand has gone up and people are getting desperate...things are potentially about to get ugly here!



Edit: how would a "shelter in place" order effect a city with a massive homeless population?

 

[Dos Perros]

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



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.

How can they possibly determine who is "allowed" to be out and who isn't? They can't. ACLU lawyers are drooling over this stuff.

I ask you: how can the government prevent people from gathering to protest? That's Constitutionally guaranteed. What about worshiping? Same thing. Pro-tip: they can't. They'll bully people around and hassle but most of it doesn't have the force of law.

 

[Rob5589]

Our local order is pretty loose. Basically, do what you need to in order to live your life, then get back home. Outdoor activities are allowed, and encouraged, as long as distancing is practiced. We have seen more families out walking/riding bikes/walking dog, etc, then we have ever seen. Kind of nice, actually.

 

[GotDraw?]

@CorbLand -- Right on. Some folks just want to stir the pot and have something to post up in order to piss and moan about. Send them a straw so they can shut up and suck it up. It's all good until your parents are the ones that are sick due to some self righteous fool spreading the virus because "no one can tell him what to do or not"
JL

.... One thing you have to remember is that your rights end when they affect others. I love my rights and refuse to give them up but sometimes you have to ask how selfish you are really being.

 

[5MilesBack]

I was thinking about doing some "social distancing" in the middle of my favorite trout stream this weekend. But then Polis issues his "stay at home order".

He did say that you could still get outdoors for exercise etc as long as you were practicing the social distancing. So I don't see how fly fishing wouldn't comply with that, as long as you aren't on sections of the South Platte where you'd be within 6 feet of everyone else next to you.

But ya, pot and alcohol are considered "necessary", but I guarantee you Polis wouldn't think that gun stores are necessary........even though we have a Constitutional right to not have our access to those infringed.

 

[5MilesBack]

It's all good until your parents are the ones that are sick due to some self righteous fool spreading the virus because "no one can tell him what to do or not"

Those same parents have every liberty to decide to quarantine themselves from society, just as everyone else does. Unless some fool that has the virus is breaking into their home and spreading the virus to them, everyone has the same liberties to be out and about their normal routines.

My mom is 89, and no one is going to make her stay at home through all this. She's going to go about her normal routines as she always does.........even as a high risk individual. But she certainly has the liberty and right to make her own choices. Are people mandated to quarantine themselves to their homes when flu season hits, even though 10's of thousands die of the flu every year? Of course not........this is America. Or at least used to be.

 

[*zap*]

If they want to suspend constitutional guarantees they suspend the constitution, simple.

 

[String&stick]

I was planning on driving out to Nebraska tonight for 3 days of turkey hunting. Cant get anymore social distancing than that, but now I'm getting really concerned of getting a fine or getting hassled by law enforcement for attempting the drive out there...

I have a set of questions I would like you to answer prior to entering my state to determine your exposure risk!

I'm kidding, staying away from people is normally the goal of hunting so it should be encouraged at a time like this!

P.s. yesterday it was 68 degrees in South Central Nebraska and birds were strutting and doing some gobbling in the morning. And again late afternoon.

 

[Billinsd]

We as Americans either have liberty.......or we don't. Which is it? You can't have liberty, but also have it restricted by government authority whenever they feel that they "need to". That's like saying "we enforce the laws, until we don't".

To paraphrase Mark Levin, we are living under a soft Tyranny. Soft tyranny is an idea first coined by Alexis de Tocqueville in his 1835 work titled Democracy in America. Bill

 

[5MilesBack]

If they want to suspend constitutional guarantees they suspend the constitution, simple.

Exactly. This is just another example of why our Constitution is not an ever-changing document at the whims of society or whomever is in office. If the government was allowed to suspend or ignore the Constitution whenever it was convenient, there would be no need for a Constitution. They could just rule or govern as they see fit for the situation, and the whims of society, and for whomever is in office at that time. That's exactly WHY we have the Constitution, so that doesn't happen.