Questions tagged [police]

Use this for questions about the legal implications of interaction with law enforcement, as well as their procedures and regulations. This should not be used for questions about general police procedure, but only about how those procedures interact with, or are affected by, law or regulation

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Can a court uphold a traffic ticket for speeding in school zone if the sign was blocked by a truck and not possible to be seen?

I was given a ticket for speeding in a school zone. I was unaware that there was a school zone because as I was traveling in the left lane there was a rolling road block of several trucks that were ...
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-2 votes
0 answers
56 views

Did what is reported to have been said to Sheku Bayoh impose any legal requirements upon him?

As I understand it, there are limited circumstances where a member of the public is legally required to interact with the police on request, The four I am aware of are: Arrest Stop and search On ...
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1 answer
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When does an officer's discretion end, and where does an officer's duty begin?

User6726's answer to this question seemed to imply that an officer's discretion was endless; that no matter what the situation, they could always decide not to intervene. That seems highly unlikely to ...
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4 votes
4 answers
206 views

Is paying a police officer to do something legal (something that is in theory part of his/her job, but isn't being done) illegal?

Let's say you live in a house and have a neighbor who is a nuisance. The neighbor does various illegal things on a regular basis (car is extremely noisy above and beyond what is allowed in the law, ...
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1 vote
2 answers
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Legality of "counter-blackmailing" with calling/reporting to the police

Is there an exemption to the illegality of blackmailing if that blackmailing is of the sort "if you don't stop blackmailing me, I will call the police"? Why am I asking this exactly? A more ...
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-3 votes
1 answer
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If someone is busking on a corner and a drug crazed preacher comes along ranting about gospel in slurred speech is there any offence?

Suppose the preacher cones along and asks the busker how long they'll be there for to which he replies 6pm, when the preacher then says that he'll also leave at six but then goes up to the next ...
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33 votes
3 answers
8k views

Can I get reimbursed if police shot the window of my car during a standoff?

My car was parked in the parking lot of a large chain grocery store, upon returning to my car I found the police in a standoff with a suspect with my vehicle right at the center. I asked if I could ...
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2 votes
1 answer
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Will police help me if I my motorcycle is stolen but has an active tracker that is transmitting information in Canada?

So, I got a new motorcycle, and it is natural for me to wonder about its security. Since I would be moving back to US in about 1 year, I am planning on not getting insurance. That being said, I am ...
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4 votes
0 answers
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Are you required to open the window if the police stop your car?

It is in the news that a fake police car stopped someone while driving, and when they opened their window they were assaulted as part of an attempted car jacking. I have been stopped by the police, ...
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Was Derek Chauvin protected by Castle Rock v. Gonzales, 545 U.S. 748 (2005)?

(1) Was Derek Chauvin protected by Castle Rock v. Gonzales, 545 U.S. 748 (2005)1? (2) If Chauvin had not touched Floyd at all, would Chauvin be protected by Castle Rock v. Gonzales? Meaning no attempt ...
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1 vote
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How to legally deal with British police officers?

How can I legally deal with British police officers if they suspect the following: I am carrying a weapon I match the profile of someone they're looking for. I understand that if I'm not carrying a ...
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1 vote
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What provisions are there to broaden the usage of the “vulnerable adult” concept as in the PACE Act 1984 to other legal contexts?

The concept of a vulnerable adult as someone meriting equivalent treatment as children/minors seems to have pervaded British policy and legal parlance. For example, most of the clarifying materials to ...
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If one requests bodycam footage of a police encounter involving another person, would they be notified of the request?

If party A calls the police on party B and they attend, then party B is entitled to request the bodycam footage of the encounter under the GDPR. If party B performs such a request, and party A appears ...
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14 votes
4 answers
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How can one reliably find out if there is an open UK arrest warrant or inquiry about them, without visiting a police station? Can police lie about it?

101 is the united-kingdom's non-emergency police phone number. Would they ever lead you to believe when asking outright on the phone whether you have any warrants or circulations that all is well when ...
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1 answer
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What is the difference, if any at all, between having a warrant for your arrest and being circulated as wanted in the UK?

What does it mean to have a warrant out for one's arrest? How must a warrant be issued? What institutions within society are able to issue a warrant? What does it mean to be circulated to police ...
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1 vote
2 answers
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Why is there a "X-second buffer" on bodycams?

I've seen numerous bodycam videos. They frequently mention that "there is no audio for the first 30 seconds" (sometimes different number of seconds), so the video is muted initially. What is ...
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5 votes
2 answers
506 views

Will an arrest without charge in England affect a DBS check?

Suppose someone was arrested last year following harassment allegations made by their former partner, but was not charged. Would this be revealed on a DBS check if they were to apply for a teaching ...
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1 answer
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Legality of police bringing firearms into federal post office

Is it legal for all police officers in the United States to carry firearms into post offices, which fall within the jurisdiction of the federal government, when called by post office employees?
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Can you refuse to vacate your car when police gives you an order to do so?

Are you legally required to leave your car when a police officer tells you to do so? If you ask police if you are under arrest and they say no then I dont see a reason why you should? Maybe if they ...
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3 votes
1 answer
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Does Policing By Consent Have Force of Law

The UK has the principal of "policing by consent". This has become particularly relevant recently as The Metropolitan Police have become embroiled in multiple corruption scandals. So my ...
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-2 votes
3 answers
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On what grounds is it not considered a crime when the police try to intimidate someone into (falsely) telling them what they want to hear?

Clarification: I'm using words like "coercion" somewhat lightly (basically any kind of intimidation, including just verbal), and the emphasis of this question is more on the fact that the ...
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3 votes
1 answer
125 views

In the UK, does a person have the right to refuse a police "Stop and Search"

UK Police's stop and search powers have been talked about a lot in the news in recent months. I would like to know if an individual has the right to refuse a stop and search by police in the UK.
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4 votes
2 answers
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What right of self defence do you have against a police dog?

It is in the news that an Uber driver was mauled by a police dog despite not initiating violence or attempting to avoid arrest. He has suffered life changing injuries. It seems the self defense ...
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3 votes
1 answer
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Are citizen-recorded videos catalogued as evidence by the police exempt from public records requests?

Presuming videos recorded in public, are such videos generally open to public inspection? If not, are such videos open to public inspection in non-criminal proceedings, for e.g. in traffic ...
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7 votes
3 answers
290 views

Can you film the police while they search your premises?

If the police search your house with a warrant can you film them to ensure they keep to the letter of the warrant?
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3 votes
1 answer
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Could an undercover police officer sign a contract?

Could an undercover police officer sign a contract as part of an investigation (for example, to gain access to a location)? If they signed it using their real name, would the contract be binding on ...
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3 votes
2 answers
213 views

Almost stabbed to death, what tools do the detective squad have to catch this guy?

I was attacked a few days ago and was almost stabbed to death. The suspect got away, as the first squad car came. Fueled by adrenaline, I sprinted towards the first squad car to get their attention ...
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5 votes
3 answers
238 views

Can a policeman be charged with "not arresting someone who should have been arrested"?

Background False arrest, false imprisonment and the like are crimes that do exist. But is the opposite also true? That is, can a law enforcement officer be charged with not arresting who should have ...
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7 votes
1 answer
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Is the plot of Fatal Attraction legally accurate?

Fatal Attraction is a 1987 film. The part of the plot I'm interested in is: Daniel "Dan" Gallagher is a successful, happily-married Manhattan lawyer whose work leads him to meet Alexandra &...
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2 votes
1 answer
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Can a HighWay Enforcer/Patrolmen remain in a Cross State Pursuit?

I kind of got this question in my mind as I saw a North Augusta Squad Car drive out of the city not responding to any emergency. Say a South Carolina HWP were to do a routing traffic stop and the ...
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-1 votes
4 answers
524 views

Do undercover/plainclothed police (ever?) wear bodycams? Or be required to be on CCTV?

Is it another question or part of asking this, but are undercover/plainclothed police (ever?) required to be on CCTV? Some of these people are very talkative, verbal, expressive, often cursing/...
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0 votes
2 answers
144 views

Can the police enter a property?

Suppose that Police officers came to the home address of a person A, looking for a person B who does not reside at our address. Suppose B is the adult child of A. Can they still enter the premises to ...
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3 votes
1 answer
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What rights and responsibilities exist with respect to mobile phone use and arrest?

It is in the news today that Wayne Couzens made an unlawful arrest of Sarah Everard in the process of her murder. If one found oneself in a situation where this was a possibility an obvious solution ...
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31 votes
6 answers
12k views

If my electronic devices are searched, can a police officer use my ideas?

On my phone, I have many different ideas for startups, books, and other creative endeavours. Most of them are probably (or certainly) worthless, but a few have some potential. As I understand it, ...
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7 votes
2 answers
4k views

Does a Good Samaritan law protect a person from murder charges if they kill someone who had been violently attacking a police officer?

I am wondering if Good Samaritan laws protect a person from being charged with murder if they kill a person who had been violently attacking a police officer. For example, say that a person is walking ...
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2 votes
2 answers
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Does qualified immunity protect p. officers from civil liability if found to have abetted conspiracy or maliciously falsified a criminal report?

Is there any cases that decided this question? Can the DA be sued if they know or should know and maliciously prosecute regardless in such a case? Primarily interested in the State of California.
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1 vote
0 answers
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Who can legally arrest an on-duty law enforcement officer in NH?

If a New Hampshire citizen sees a New Hampshire cop commit a state or federal felony, can a citizen legally effect a citizen's arrest? Can other LEOs (law enforcement officers) effect such an arrest? ...
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1 vote
1 answer
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What is the role and power of the Australian Defence Force in civil society?

The Commonwealth government has offered the assistance of the Australian Defence Force (ADF) to the states from time to time. Most recently the New South Wales Government has accepted that offer of ...
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1 vote
4 answers
494 views

What is it called when a suspect is questioned without their lawyer?

To elaborate, I know it is illegal for authorities to question a suspect when their lawyer isn’t present. Is this a crime or just illegal? If it is a crime, what is it called?
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4 votes
3 answers
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When does a warning not to talk to the police become "witness tampering"?

Every competent criminal defense attorney will advise their client (or anyone else) NEVER to talk to the police. Law professor James Duane gave a 45-minute lecture on this exact subject. So, obviously ...
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2 votes
1 answer
113 views

What would happen if a minor was falsely accused of being a predator by an online sting group for sexting and an investigation started? [closed]

What would happen if a minor sexted other minors online, posted offensive and outrageous things, adult porn and a sting group reported them to the police assuming they were a predator and essentially ...
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-1 votes
1 answer
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Are local police obligated to enforce a law if they know about it? [duplicate]

If a local police officer knows that a law exists and is familiar with its details, and they observe or otherwise become aware that said law is being broken, and they have the resources, means, ...
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5 votes
1 answer
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Staying anonymous as a witness in Germany

Alice witnessed an altercation in a public park in which a knife was pulled, but nobody was hurt. The police were called, the offender fled the scene but stayed in the vicinity. Since Alice saw ...
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14 votes
1 answer
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What obligation is there for police to find and arrest false 911 callers?

Oklahoma man held at gunpoint by police, handcuffed after false 911 call Given that 911 calls are recorded and the phone number is logged, I would expect that a motivated detective to quickly ID a ...
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5 votes
2 answers
892 views

Is asking police to justify their orders illegal?

From the BBC, WRT instructions by the police for people on the streets to move on: the legal niceties don't always matter: "The police will often just insist on people 'moving on' because they ...
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2 votes
2 answers
155 views

Does an English Police Officer have the authority to compel a purchase?

Per these news article in the Daily Mail and Daily Express, Special Constable Penny Lancaster arrived at the scene of a crime, to whit, a gentleman urinating inside a public sculpture. She then... &...
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3 votes
3 answers
1k views

Traffic Accident. Defending myself (Canada)

I would like to preface by stating this will be my first time in court, and I am looking to get some clarification about proceedings. Situation (my side of events): Got into a little "fail to ...
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3 votes
1 answer
89 views

DUI Charges in America

Suppose a person falls below the legal BAC limit for a state in the USA (say the limit is 0.08%). Can the person still be charged with a crime? Are police officers required to put handcuffs on anyone ...
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1 vote
3 answers
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Why do cops in the USA not seem to use the technical "blow into device" test for drunk drivers?

I have been watching a number of "cops arrest drunk driver" videos lately. In every case, they don't even mention that "breathalizer" or whatever they called it, but instead go ...
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36 votes
4 answers
9k views

Stop, in the name of the law

Does the popular media cliche Stop, in the name of the law have any founding in actual law or policing practice, either current or historical? Did police ever say this as a matter of course? If so why?...
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