Just thought Id share for the record of debates weve had... Be sure to read the bottom part titled failure to intervene. This is the main reason its hard to say there are good cops. Cops dont intervene. The system is broken because this constitutional obligation is not enforced. False Arrest: The claim that is most often asserted against police is false arrest. Persons bringing this claim assert that police violated their Fourth Amendment right against unreasonable seizure. If the officer had probable cause to believe the individual had committed a crime, the arrest is reasonable and the Fourth Amendment has not been violated. Police can arrest without a warrant for a felony or misdemeanor committed in their presence. (Some states also allow warrantless arrests for misdemeanor domestic assaults not committed in the officers presence.) Even if the information the officer relied upon later turns out to be false, the officer is not liable if he believed it was accurate at the time of the arrest. To prevail on a false arrest claim, the victim must show that the arresting officer lacked probable cause, that is, facts sufficient to cause a reasonable person to believe that a crime had been committed. Malicious Prosecution: A malicious prosecution claim asserts that the officer wrongly deprived the victim of the Fourteenth Amendment right to liberty. To win this type of claim, the victim must show four things: 1) the defendant police officer commenced a criminal proceeding; 2) the proceeding ended in the victims favor (that is, no conviction); 3) there was no probable cause; and 4) the proceeding was brought with malice toward the victim. As with false arrest, this claim will fail if the officer had probable cause to initiate criminal proceedings. Excessive Force: Excessive force claims receive the most publicity, perhaps because the results of excessive force seem the most outrageous, involving serious physical injury or death. Whether the officers use of force was reasonable depends on the surrounding facts and circumstances. The officers intentions or motivations are not controlling. If the amount of force was reasonable, it doesnt matter that the officers intentions were bad. But the reverse is also true: if the officer had good intentions, but used unreasonable force, the excessive force claim will not be dismissed. Failure to Intervene: Officers have a duty to protect individuals from constitutional violations by fellow officers. Therefore, an officer who witnesses a fellow officer violating an individuals constitutional rights may be liable to the victim for failing to intervene. - See more at: civilrights.findlaw/civil-rights-overview/police-misconduct-and-civil-rights.html#.dpuf
Posted on: Fri, 09 Jan 2015 19:06:05 +0000
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