Posts

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Do police swear an oath to the Constitution?

Oath. State and local police generally swear an oath to the United States Constitution, as civil service or uniformed service officers, stating: “I, officer name, do solemnly swear (or affirm) that I will support and defend the Constitution…
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What is the Importance of the Fourth Amendment of the United States Constitution with Regard to Police Misconduct?

  Fourth Amendment. The Fourth Amendment of the United States Constitution is one of the most talked about and referenced pieces of legal doctrine utilized in the practice of law, as it can change the landscape of both civil and criminal…
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What police brutality cases will result in punitive damages?

Punitive damages are amounts that must be paid after civil lawsuits when the person who is sued has engaged in some kind of outrageous behavior. They are essentially punished by having to pay extra damages. An incident in New Mexico that…
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Can police use force during an arrest for marijuana?

Because drug possession offenses are crimes that do not pose a threat of violence, officers are only supposed to use a minimal amount of force to take someone into custody. A traffic stop in Houston turned violent when the officer on the…
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Can a person sue a Houston, TX police officer for discharging their weapon at an unarmed suspect?

Each time a Houston, TX police officer pulls a vehicle over or is called to a home, place of business, or another establishment, they don’t know what type of situation they are entering into. That is why police officers are trained to…
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Can police use deadly force to stop a robbery?

While police can use some level of force or violence to prevent further injuries and stop violent crimes, there are a number of situations that show problems in this doctrine. Police opened fire and killed one suspect involved in a burglary…
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What do you do if a police officer is harassing you?

The Police Misconduct Provision “makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States (34…
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Can I file a complaint against a police officer?

Make a complaint for unethical behavior. If a police officer acts in an unethical manner, or if they break constitutional laws by violating citizen’s rights, a complaint should be filed against them.  If a citizen believes that a complaint…
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Are Police Officers Allowed to Use Excessive Force in Greenville, SC?

Police officers have a difficult job to carry out on a day to day basis. They have the responsibility of ensuring the streets of Greenville, SC remain safe from all forms of crime. Because of the danger which often accompanies their jobs,…
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Are Jackson, MS Police Officers Required to Wear Body Cameras?

Although there are several police departments all throughout the state of Mississippi that require its officers to wear body cameras, the Jackson Police Department only began implementing this practice around June or July 2019. According…
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Are there different use of force standards when police are dealing with a suspect with mental health issues in San Diego California?

All police have some kind of training and education related to when they are permitted to deploy their firearms or use other extreme measures to diffuse a situation. However, when these actions are reviewed, many departments usually defer to…
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Are off duty police officers held accountable for acts of misconduct?

Some police officers will use the law enforcement knowledge and resources at their command for personal reasons. At times this can be manifested in violence, false charges, or other incidents of police misconduct. Using the legal process is…
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Can a person sue police for emotional distress in Florida?

  Elements of a solid case. If you have been emotionally scarred by a police encounter that has gone sideways, and it has left you with depression, anxiety or social disorders because of it, you can most certainly make a case…
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Can a Cedar Rapids Police Officer search my car without a warrant in Iowa?

  A police officer cannot search an automobile during a traffic stop unless there is probable cause.  The Fourth Amendment to the United States Constitution guarantees the right to be free from unreasonable searches and seizure…
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What happens if a police officer filed a false report?

There are several ways you can address the issue and it starts with hiring a police brutality attorney in your area. Police officers serve a very important role in our communities. They protect and serve and help maintain order. But,…
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Can a Pembroke Pines police officer Taser me if I surrender myself?

Police officers in Pembroke Pines are permitted to deploy their Tasers when they believe the situation calls for that level of force. Does that mean they should resort to using their Taser even when a suspect has surrendered? Not exactly. Wh en…