Cops And The Law: Who Polices The Police?

Police officers are not above the law and are not given a free pass to break it, whether they are on or off duty. They can be punished for breaking the law, just like any other citizen. However, there is a perception that police officers get away with breaking the law, such as speeding, pointing their guns at people, making threats, or using their phones while driving. This has led to questions about whether police officers are allowed to break the law and, if so, under what circumstances. While police officers can be held accountable for their actions, there are instances where they may be exempt from certain laws, such as when they are responding to an emergency or working undercover.

Police officers can be punished for breaking the law

Police officers are not above the law and are not given a "free pass" simply because they are law enforcement officers. Whether they are on-duty or off-duty, police officers must obey the law. When police officers break the law, they can be punished just like any other citizen who commits a crime. Courts have held police officers accountable for their wrongdoing, misconduct, and illegal acts. Police officers can go to prison, serve probation, and pay fines when they are convicted of criminal acts.

However, when an officer commits a crime while on duty, there could be additional consequences. If the misconduct results in criminal charges against someone, those charges could be dismissed if the evidence was obtained through illegal means. For example, if a police officer arrests someone without probable cause, any evidence obtained as a result of the wrongful arrest may be inadmissible in court.

The United States Department of Justice vigorously investigates and prosecutes allegations of Constitutional violations by law enforcement officers, including the use of excessive force, sexual misconduct, theft, false arrest, and deliberate indifference to serious medical needs or a substantial risk of harm to a person in custody. The Department's authority extends to all law enforcement conduct, regardless of whether an officer is on or off duty, as long as they are acting in their official capacity.

While police officers can be punished for breaking the law, research suggests that they are statistically more likely to get away with crimes than civilians and often face less severe punishment when convicted. This may be due to factors such as qualified immunity, which protects officers from being charged or sued for actions necessary to their job, and the support of police unions. However, the internal mechanisms for policing the police have shown some effectiveness, with a 72% conviction rate in cases where an officer was charged.

Police officers can lie to suspects and witnesses

Police officers are not above the law and are not given a "free pass" simply because they are law enforcement officers. They must obey the law whether they are on or off duty. When police officers break the law, they can be punished just like any other citizen. Courts have held police officers accountable for their wrongdoing, misconduct, and illegal acts.

However, police officers are allowed to lie to suspects and witnesses to obtain information. This is a highly controversial topic, and while it is generally allowed, there are limits to what they can lie about. For example, a police officer cannot lie about whether they have a warrant. They also cannot fabricate evidence.

Police officers use deception as a strategy to get a suspect to share more information. They may make a suspect believe that they are understanding or sympathetic to their situation, or they may minimise the seriousness of the crime or the suspect's blame. They may also claim to have eyewitnesses or forensic evidence that does not exist.

It is important to note that while police deception is generally allowed, it has tricked countless innocent people into confessing to crimes they did not commit. This type of deception has led to wrongful convictions and incarceration.

In recent years, some states in the US have passed laws that ban police from lying to children and adolescents during interrogation. There is also a growing movement to ban police deception towards suspects of all ages, with similar bills being considered in several states.

Police officers cannot use excessive force during an arrest

Police officers are not above the law and must obey it whether they are on or off duty. When police officers break the law, they can be punished just like any other citizen. Courts have held police officers accountable for their wrongdoing, misconduct, and illegal acts. Police officers go to prison, serve probation, and pay fines when they are convicted of criminal acts.

Excessive force is a violation of an individual's rights and is not permitted during an arrest. Excessive force refers to situations where law enforcement officers use more physical force than necessary to detain a person. This can include unnecessary physical violence, the misuse of tasers, batons, or firearms, and other forms of force that go beyond what is considered reasonable under the circumstances.

The Fourth Amendment plays a crucial role in addressing excessive force, as it safeguards individuals from unreasonable searches and seizures. The use of excessive force violates the civil rights of the individuals involved and can lead to severe injuries, wrongful deaths, and long-lasting psychological trauma.

Determining whether excessive force was used involves evaluating the circumstances surrounding an incident, including the perceived threat, the individual's behavior, and the officer's response. The legal standard requires that the force be objectively reasonable and proportional to the threat encountered.

If an officer uses excessive force during an arrest, the arrestee may have the right to defend themselves in most states. This right is limited, and arrestees must generally stop resisting if the officer stops using excessive force or if there is a chance that de-escalation will occur.

It is important to understand your rights when interacting with police officers and to know that they are not allowed to use excessive force during an arrest. If you believe your rights have been violated, you can seek legal recourse and hold the responsible parties accountable.

Police officers must have probable cause to make an arrest

Police officers are not above the law and are not given a "free pass" just because they are law enforcement officers. Whether on or off duty, police officers must obey the law and can be punished for breaking it. They can be held accountable for their wrongdoing, misconduct, and illegal acts, and can face prison time, fines, and probation.

Police officers must have probable cause or an arrest warrant to make an arrest, otherwise, they are violating a person's civil rights. Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed. It requires more than a mere suspicion or an unarticulated hunch but does not require absolute certainty.

To establish probable cause, police officers must be able to point to objective circumstances leading them to believe that a suspect committed a crime. For example, in the case of Officer Furman, who arrived at the scene of a robbery at Simpson's Jewelry store, the officer had probable cause to arrest the driver of a car he pulled over for speeding a few minutes later. The driver matched the description of the robber, and there was a small brown paper bag and a couple of watches with price tags on them, which resembled the stolen items, on the seat next to the driver.

If a police officer arrests someone without probable cause, any evidence obtained during the wrongful arrest is inadmissible in court, and the person may be able to sue for financial compensation for damages.

Police officers can be sued for violating civil rights

Police officers are not above the law and are not given a "free pass" just because they are law enforcement officers. Police officers must obey the law, whether they are on or off duty. When police officers break the law, they can be punished just like any other citizen. Courts have held police officers accountable for their wrongdoing, misconduct, and illegal acts. Police officers can go to prison, serve probation, and pay fines when they are convicted of criminal acts.

• Excessive Force: Using more physical force than necessary to subdue a suspect or during an arrest.
• False Arrest: Detaining an individual without reasonable suspicion or evidence to believe they have committed a crime.
• Racial Profiling: Targeting individuals for stops, searches, or detainment based on their race rather than reasonable suspicion of criminal activity.
• Sexual Assault: Any form of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature by a police officer.
• Fabricating Evidence: Unlawfully creating, altering, or tampering with evidence to strengthen a case against a suspect.
• Failure to Intervene: Not stopping another officer from engaging in criminal behavior or violating a citizen's rights.
• Illegal Search and Seizure: Searching a person or their property without a valid warrant, probable cause, or the individual's consent, which violates the Fourth Amendment.

If you believe your civil rights have been violated by a police officer, you can take the following steps to file a civil rights lawsuit:

• Consult with an experienced civil rights attorney immediately following the incident.
• Gather and preserve evidence, including photos, videos, witness statements, medical records, and communications with the police department.
• File a complaint with the appropriate agency, such as the police department's internal affairs unit or another government agency responsible for investigating civil rights violations.
• If your complaint is not resolved satisfactorily, proceed with filing a lawsuit against the police officer and potentially other liable parties with the help of your attorney.
• Attend court proceedings, which may include depositions, hearings, and a trial.
• Seek fair compensation, such as financial compensation for damages such as medical expenses, lost wages, and emotional distress.

Frequently asked questions