General Discussion
In reply to the discussion: Should citizens always be submissive to law enforcement officers? [View all]aquamarina
(1,865 posts)I just did a quick wiki search on these three cases and not a one mentioned anything about a cop's right to order a suspect to extinguish a cigarette. Not a one. Also, as a LEO, I would hope that you are aware that different jurisdictions have different rules regarding what is and is not allowed at traffic stops. So while you claim you have/had the right to make suspects put out their cigarettes this is certainly not the case in every jurisdiction.
Graham v. Connor 490 U.S. 386 (1989) was a United States Supreme Court case where the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person.
Michigan v. Summers, 452 U.S. 692 (1981), was a 63 decision by the United States Supreme Court which held for Fourth Amendment purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.
Muehler v. Mena, 544 U.S. 93 (2005), was a unanimous decision by the United States Supreme Court, which held that the Fourth Amendment to the United States Constitution allows detention of an occupant in handcuffs while a search is being conducted, and that it does not require officers to have an independent reasonable suspicion before questioning a subject about their immigration status.