Thursday, November 18, 2010

When is a police officer or law enforcement official allowed to use physical/deadly force? How far are they allowed to go?

Physcial or Deadly force is the force which a person uses, or that a person knows, or should know, would create a substantial risk of causing death or serious harm. The use of deadly/physical force is justified only under extreme cercomstances of necessity  and as a persons last resort, when all other means have failed and nothing else can be done. The "Use of deadly force" is often granted to police when the person is believed to be an immediate danger to people around them.
A police or law enforcment officer may use physical force, in the course of attempting to effect an arrest, or preventing or attempting to prevent the escape of a person who the officer reasonably believes to have committed a crime or offense. The officer may use the force to the extent he or she believes to be necessary to effect the arrest, or to prevent the escape. Officers my also use physical force in self-defense or to defend a third person.





Sources-
http://en.wikipedia.org/wiki/Deadly_force

Monday, November 8, 2010

What Are Your Legal Rights Against Law Enforcement?

In order to stop you, a police officer must have a specific reason to suspect your involvement in a specific crime and should be able to tell you that reason. This is called reasonable suspicion.  These reasons can be as petty as a police officer pulling you over for some type of traffic violation, such as speeding or maybe not using your blinker. Sometimes even spitting on the ground or tossing a gum rapper and officer my stop  you and issue a ticket for littering. Than the officer has the right to run your name searching for any warrants and asking you all sorts of personal questions.

Although limited, you have legal rights when being stopped by a police officer at anytime. Upon being stopped by a police officer, you have the right to question why you are being stopped. The officer must tell you. NEVER TALK TO A POLICE OFFICER. The only information that you need to provide to the police is your name, date of birth and address. Most of the time this information is on your ID. If a police officer speaks to you, you have the right to simply tell them, "I am Going To Remain Silent Officer," and dont say another word. Keep in Mind, ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU IN THE COURT OF LAW.

Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.
You have the right to ask the Officer if you are free to leave. If the officer says yes, calmly walk away. If you are being detained or under arrest, you have a right to know why.

Upon being arrested, you have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud "I would like to remain silent." In some states, you must give your name if asked to identify yourself.

You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search.




Wednesday, October 20, 2010

Police Misconduct : NYPD Stop and Frisk. Is it Bias? Can it be a form of Misconduct?

The NYPD also known as "New Yorks Finest" is The largest Police Force in the United States Of America. "Securing" the 5 boroughs of New York City, the NYPD has over 35,280 Police Officers and 4,500 Auxilary Officers.
The NYPD performed 575,304 "stop-and-frisk" patdowns last year, which is about 16 pat-downs per officer, the most since the numbers have been released in 2002. While it was an 8 percent jump from 2008, the percentage for each racial demographic stayed about the same. 55 percent of those stopped last year were black, 32 percent Hispanic, 10 percent white and 3 percent Asian.
Is it logical to say that the NYPD performs "stop-and-frisks" biasly? The Numbers my speak for its self. 316,417 of the 575,304 stopped and frisked are African American. This would mean that 9 out of every 16 pat-downs that each officer performed, was on an African American.  184,097; 5 out of every 16, were Hispanic. Many people would say that African-Americans/Blacks and Hispanics are primary targets of the NYPD.



Wednesday, October 13, 2010

Police Misconduct (The Rising Questions)

(1) What is Considered to be "Police Misconduct?"

(2) What are your legal rights against law enforcement?

(3) When is a police officer or law enforcement official allowed to use physical force? How far are they allowed to go?

(4) Is it true that Law enforcement targets a particular group of people more than others? What are the statistics?

(5) If a police officer uses excessive force, what should the victim do?

(6) How are Police officers and Law enforcement officials peanilized for using excessive force?

(7) Is it logical to say that police officers get away with breaking the law without any consequences? Is it true that the sheild  gives a green light to commit a crime