Governor Newsom’s limited Stay at Home Order goes into effect Saturday, November 21 at 10:00 pm.

There is no cause for concern. The order prohibits gatherings with members of otherx households, both inside and outside, from 10:00 pm to 5:00 am, except for people who are engaged in essential activities. However, this order allows people from the same household to leave their residence, as long as they do not engage in any interaction with person(s) from any other households.

Not only is this order extremely restrictive and sounds nearly impossible to enforce, this order places undue burden and anxiety on members of the private sphere and public at large. This order effectively and exponentially increases the police’s workload. To enforce this order, police must add on patrolling the public at large. Short of placing checkpoints throughout the city (which would waste governmental resources to create arbitrary roadblocks), there is no effective selection process for stopping vehicles or persons. 

The Fourth Amendment of the U.S. Constitution protects the public from unreasonable searches and seizures. This new order essentially grants police blanket permission to stop any and all people during curfew hours. While stops are legal under reasonable suspicion, the police can only stop you for as long as it reasonably takes to dispel the suspicion. How police determine if people are members of the same household is up for debate, and we can use this to our advantage. IDs aren’t always reliable to show proof of address, and there is no way to determine where you live currently, short of following you to your home and verifying (which of course is a violation of the Fourth Amendment).

So what should you do if you’re stopped?

  • Stay calm.
  • You can leave your house to go to an essential business.
  • You can leave a gathering to go home.
  • You can drive around aimlessly.
  • You can walk around by yourself or with members of your household past 10:00 pm.
  • You can be outside at any time, with or without members of your own household.
  • You can go to work normally.
  • You can leave your house to get takeout.
  • You can leave your house to do (almost) anything provided your destination is not someone else’s household. 

If you have any questions or need legal help. Uplift Law is here to help. Contact us today!

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