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17
Jan

Flunking the Attitude Test

”Cover arrests” are arrests made to help justify or explain an officer’s use of force or other exercise of authority where there may have been no legitimate justification for that exercise of authority. Some apparent “contempt of cop” or “cover arrests” have been captured on video. These recordings provide an instructive glimpse of the type of behavior associated with such arrests. Compared to an officer’s written documentation of the incident, these videos show how the police sometimes twist facts or even fabricate a story to support an invalid arrest and accompanying force. No one will disagree that “contempt of cop” and “cover arrests” are inappropriate, destructive, and costly. What can be done to avoid this type of police abuse? Don’t arrest for “contempt of cop.” Officers must be thick-skinned and not unduly influenced by the attitudes of persons they contact. Flunking the attitude test is not a bookable offense. Officers need to be taught that, contrary to the belief of many, the law says that their jobs do require that they take verbal abuse occasionally.

By in Helpful Articles, Police Misconduct, Resources, Some Other Blog Cat
21
Dec

Pensacola Police Revises Policy

Pensacola Police Department announced that it has changed its “police chase” policy as a result of the death of 17 year old Victor Steen

By in Police Misconduct
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Police Misconduct

The United States of America was founded on the principles of freedom and liberty. These fundamental principles are absolutely essential in order to promote and achieve a just and peaceful society. At the time our constitution was ratified, our founding fathers were very concerned about a government with too much power. They feared that a government with too much power would ultimately begin to abuse the people they were established to govern–as they had experienced in England before coming to America. In order to prevent the government from abusing its citizens, the United States House and Senate convened in New York in 1789 and proposed amendments to the United States Constitution. These amendments were designed to protect the fundamental rights of the people by preventing government from depriving a citizen of his rights unless certain conditions were met. The legislatures of the several States ratified the proposed amendments on December 5, 1791 and they became known as the Bill of Rights.

What Are My Rights?

So important are the rights to freedom and liberty that we have been sending our sons and daughters into harm’s way to protect these liberties even before the union was formed. Far too many Americans have paid the ultimate sacrifice in the name of freedom and liberty. Citizens of the United States of America can not allow a government to send us into harm’s way in the name of freedom and liberty but deny us freedom and liberty at home.

When a law enforcement officer uses his power to investigate a citizen, arrest a citizen, or use physical force on a citizen; that power comes from the government. Thus, when a local law enforcement officer takes action, they do so as an agent of the government. The bill of rights, as interpreted by the United States Supreme Court, states that a government agent may not deprive a citizen of their right to freedom or liberty unless they have probable cause to do so. The same body of law states that a law enforcement officer may use only a reasonable amount of force to arrest a person after he has probable cause for the arrest. An officer violates the U.S. Constitution, as amended by the bill of rights, when he or she deprives you of your liberty without first having probable cause. The same is said when a law enforcement officer uses an unreasonable amount of force to effectuate his arrest.

When a law enforcement officer fails to adhere to the mandates of the US Constitution, that law enforcement officer is abusing his power. This abuse of power is a very serious matter because it deprives the rights of the citizens he comes into contact with and undermines the United States Constitution. Abuse of police power is a serious matter that affects people beyond the victim and his or her family. Without the rule of law, the values that police seek to protect are meaningless.

Police misconduct can be criminally prosecuted but often this does not happen or it is not enough to prevent the misconduct. In many cases, victims can also hold the abusive officers and their agency accountable through a police misconduct civil lawsuit as well.

Types of misconduct that could be appropriate for a lawsuit include:

• Unnecessary use of force
• False Arrest
• Tasering
• Planting evidence
• False Evidence
• Illegal searches
• Sexual Abuse
• Seizure of property not related to any crime

In a police misconduct lawsuit, you can be compensated with money damages for medical expenses to treat your injuries, loss of income damages, pain and suffering damages, and punitive damages. More importantly, you can send a message to the police that abuse of power and civil rights violations will not be tolerated in your community.

Taylor, Warren & Weidner, P.A. has extensive experience with the complexities of holding government agencies responsible for their abuses. We’ve won several lawsuits against governments and municipal organizations.