When a person is confronted by an officer then they need to understand they have many rights which were granted to them by The Constitution. Yes, the police officer is allowed to question them and does have the power to arrest them but these officers still have to respect the rights of the individuals they are confronting. Under no circumstances are police officers allowed to lash out aggressively on individuals who are complying to their commands and who are not acting threatening in any way.
According to 42 U.S.C Section 1983 of the U.S. Code, anyone acting under color of law (such as a police officer) can be penalized on a legal level if they violate the basic rights which are granted to members of society under the constitution.
What is a police officer allowed to do when confronting me?
A police officer holds the right to the following:
- Asking a person to pull over on the road
- Asking a person to stop on the street
- Asking a person not to come into a certain area because of police work
- Asking a person to present identification
- Handcuffing a person and arresting them
- Patting a person down if they have a valid reason to do so
Police officers basically have the authority to do anything they need in order to help their investigation of a certain crime. If they have a valid reason to believe that someone was responsible for partaking in a crime then they can stop them and search them. For instance, if they noticed someone entering a building which is notorious for drugs and leaving with a parcel that they felt was suspicious they are allowed to do a stop and search on them without any legal restrictions.
What is a police officer not allowed to do when confronting me?
A police officer is not allowed to do any of the following:
- Detain a person without cause
- Detain a person longer than necessary to complete the investigation
- Search a person without cause
- Confiscate personal property without cause
- Break personal property
- Hit a person with their hands or weapons without a cause
- Use deadly force without a valid threat
Police officers are not allowed to endanger a person or their property unless that person is a direct threat to the officer and to society at large.
Anyone who has been confronted by a police officer in a violent manner should connect with a police brutality attorney in Oxnard, CA. Getting in touch with a lawyer is one of the smartest routes a person can take after they have been harassed by a police officer. Since attorneys are well educated on all civil rights laws they can work with a person until the affected individual gets the justice they truly deserve.