Ebola update: Maine can't reach deal with nurse Kaci Hickox

“Right now, she can come out of the house if she wants, but we can’t protect her when she does that. The reason there’s a police car there when she does that is to protect her more than anybody. ‘Cause the last thing I want is for her to get hurt,” he said. “But at the same token, her behavior is really riling a lot of people up, and I can only do what I can do. And we’re trying to protect her, but she’s not acting as smart as she probably should.”

The state has made it clear it’s going to do something. But what?

“The first thing the governor has to do, which he has not yet done, is get a court order which requires her to stay in quarantine,” CNN senior legal analyst Jeffrey Toobin said. “There is no court order now. She’s not violating anything by taking a bike ride or leaving her house.”

There’s no guarantee the governor will be able to get a court order, Toobin said, “because, according to the science, she is not in a communicable situation.”