Traffic stop-turned-arrest sparks debate on drivers’ rights during police encounters

BAKERSFIELD, Calif. (KGET) — A traffic stop that turned into an alleged use of excessive force by police is raising a big question: What are drivers’ rights when it comes to police encounters? “It depends” is the closest thing to a definitive answer, per 17 News’ conversations with multiple legal experts. The law, those experts said, protects police, but it also protects drivers. But as one attorney put it, everything begins with the “premise of what stops a person.” Here is a breakdown of Donte Heath’s case, the incident currently at the center of this debate in Bakersfield.

“Do you legally have to get out of your car? Probably not always,” said Bakersfield criminal defense attorney Mark Anthony Raimondo. “But it’d be a good suggestion just to follow along. Follow and comply and complain later is a great suggestion.” Those are the questions raised by a traffic stop-turned-arrest that left a 50-year-old man allegedly with a broken elbow and rib. In the early hours of New Year’s Eve, Donte Heath was pulled over by Bakersfield police officers for allegedly not wearing his seatbelt.

But when Heath refused to get out of the car, things took a quick turn. Heath’s attorney, Daniel Rodriguez, told 17 News his client didn’t comply with officers because he knew his rights. “And is that wrong?” Rodriguez stated. “But the one that cops, officers always fall back on is hey, officer safety. And the law says, hey wait a minute, is it reasonable to believe?” He added: So, what does the officer write down ? was belligerent… There’s no reason.

There’s not an odor of alcohol on breath. There’s no weapon, there’s no drugs. You stopped for a seatbelt violation. Here is driver’s license, registration.

This excerpt was recovered from Raimondo Law’s prior WordPress news archive. Editorial ownership remains with the named news organization.