Expert clarifies legal rights as questions surround viral arrest video in Lexington
JACKSON, Tenn. — Following a viral social media post, users question a driver’s rights during a traffic stop.
Lexington arrest sparks controversy, man speaks out
On August 16, a traffic dispute escalated leading to one man’s arrest. We sat down with Kendall Keith as he breaks down the situation.
“This vehicle comes running, like full speed, and I’m still turning, like I’m watching everything happen, and they have to end up going like this and slam on their brakes,” said Keith.
Keith says two passengers got out of the vehicle shouting, which led to a physical altercation.
“Well, at this time my fiancée says, ‘I’m calling the police. I called the police.’ They say 12’s on the way, so of course I look at them, they start running. I’m like there’s no reason to running. You literally just put your hands on me,” said Keith.
When Lexington police officers arrived on scene, Keith recalls they responded to the other vehicle instead, so he drove down to meet them.
“And I get out of my car, and I’m like, ‘We’re the ones that called.’ He tells me to get back in my car, so I get back in my car, and then, I’m like ‘Buddy, we’re the ones that called. All of these people need to be arrested,'” said Keith.
The situation quickly escalated when officers placed keith under arrest after the other vehicle’s driver stated keith was trying to assault him.
A video posted on facebook shows officers forcefully removing keith from his vehicle. He recalls the emotions he felt as it occurred.
“Shock, frozen, fear because I knew exactly what they were going to do. It was exactly what they’d done, numerous times before to me,” said Keith.
Keith says this has been the third incident this year that he’s had a bad encounter with LPD.
So what should you do when pulled over?
As questions swirl about what is legal during a traffic stop, we sat down with Defense Attorney Mark Donahoe who explains what the law allows and what drivers should know.
“Well, the U.S. Supreme Court has said that officers are allowed to ask you to exit from a car. There are various different reasons for that–officer’s safety is one. Tennessee also is a jurisdiction where you cannot refuse an arrest even if it’s an illegal arrest,” said Donahoe.
Donahoe says a driver or passenger can refuse to comply, however they may be subject to arrest.
As of July 1, a driver’s intentional refusal of an officer’s request to exit their vehicle during a lawful stop is a class B misdemeanor.
Donahoe suggests that if you are pulled over by police and asked to exit the vehicle, the best thing to do is just comply with their request or risk being arrested.
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