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

Filter by
Sorted by
Tagged with
5
votes
3answers
514 views

Is there any recourse for costs and consequences of police detention?

Police can detain a suspect for 48-72 hours (depending on the state) without filing charges. Note that this is before any judicial scrutiny occurs: I.e., not only are you (supposedly) presumed ...
3
votes
1answer
1k views

What are the limits on police "qualified immunity"?

When the police seize property in the course of their official duties, they have "qualified immunity." How is that immunity qualified? I.e., what are the minimal conditions under which they could be ...
6
votes
2answers
530 views

Police misconduct: Who could be charged?

Suppose a police officer commits a misdemeanor in the line of duty: Let's say that as an act of retaliation he seized something as "evidence," in such a way that he satisfies the criteria for ...
5
votes
1answer
235 views

How does a police officer / the state prove a particular breathalyzer reading was taken?

If a police officer takes a breathalyzer reading of someone, what kind of record proves to a court what the reading was? General US information and/or info about California are both appreciated.
37
votes
4answers
9k views

Consent to searches: Who wins "my-word-against-yours?"

Hypothetical Officer testifies citizen consented to be searched. Citizen denies consenting to be searched. There is no other evidence (that weighs net in favor of either party). Question Whom ...
10
votes
2answers
7k views

Does handing keys to police under duress constitute consent to search?

Suppose a police officer demands, through a closed window, to search your car or dwelling. Knowing your rights you say, "I do not consent to a search." The officer then declares, "I don't care ...
11
votes
1answer
2k views

What liabilities do the police/CPS have if you are found innocent?

Being accused of a crime you did not commit is an expensive problem. The police may kick your door in and ransack your house looking for evidence. They may deprive you of your property (phones, ...
0
votes
2answers
362 views

May I curse or belittle an officer with no repercussions?

Sometimes I belittle police officers and make them really think about what they're doing. I wonder sometimes: what if I really embarrass an officer with something I say, maybe in front of their ...
9
votes
1answer
11k views

Can police enter a dwelling to intervene in a suicide attempt in a state where suicide is not a crime?

I have often heard claims that the reason suicide (and attempted suicide) is criminalized (at common law, if not statutorily) in some states is that it allows law enforcement personnel to enter a ...
13
votes
1answer
10k views

Can I defend myself from excessive police force?

Hypothetical situation: Say the police are chasing me. I get tackled after which I go limp and stop resisting. Subsequently the officer starts throwing elbows to my face. I'm not sure why he's ...
5
votes
2answers
393 views

Can a suspected thief see who called the police?

I recently lost my cell phone and then saw a Craigslist posting of a cell phone that looked similar to my cell phone with the exact same model and storage capacity and color, but its screen was ...
1
vote
0answers
51 views

Question about NYPD regulations

I have heard this from 3 people now and I am trying to find the law being used. In the NYC Transit system, if a party is even questioned by NYPD (something happens where they call in your drivers ...
5
votes
2answers
142 views

How is an area deemed unsafe and needing to be cordoned off?

How is an area deemed unsafe and needing to be cordoned off? Would it be the person at the top of the law enforcement agency (police chief or sheriff) who would make the decision that a particular ...
11
votes
2answers
2k views

Is homeowner liable for police injury during raid

Hypothetically speaking, let's say that a person is very paranoid about intruders, government, end of the world, so on. They decided to buy some land and have a fence around the property with clear ...
62
votes
5answers
47k views

Is it illegal to run away from a police officer in a way that provokes them, in the US?

So I know this is very silly and obviously hypothetical, but I've wondered about it for a while. Let's say you aren't doing anything (else) illegal, you don't have anything illegal on you, and you ...
1
vote
1answer
131 views

OVI/DUI Rights and Requirements

I have been trying to find a definitive answer about what you are legally required to provide an officer at an OVI/DUI checkpoint in Ohio. I know that Ohio is a "Stop and Identify" state. However, ...
6
votes
2answers
16k views

Under what circumstances can the police detain you?

after watching the video about the recent fiasco in Mckinney Texas I was curious about whether any of the teens that the officer pulled over had the legal right to just walk away. Under what ...
3
votes
1answer
189 views

Flashbangs versus destruction of evidence

If setting fire to a crime scene would be considered destruction of evidence and spray painting a crime scene would be considered destruction of evidence why is the use of flashbangs not considered ...
12
votes
2answers
8k views

Legal standing for a Police Officer to force you out of a private vehicle

Lets say you're sitting in a fast-food parking lot eating the food you just purchased from the establishment. Your windows are rolled up and the vehicle is turned off. A police officer pulls into the ...
10
votes
3answers
512 views

Under what circumstances could law enforcement hack a server?

I recently read a wired article about Silk Road and the arrest of Ross Ulbricht. The article describes how an FBI agent attempted to discover the true IP address of the Silk Road Server: Tarbell [...
79
votes
4answers
24k views

How can you tell if you have to follow a police officer's instructions?

If a police officer gives me an order, how can I tell whether or not I'm legally obligated to follow that order? If I ask the officer, is he/she required by law to answer truthfully? If the police ...
20
votes
5answers
168k views

What laws are there regarding being pulled over by an unmarked cop car/undercover cop?

Although this has never happened to me, I've read and heard about people driving on the road and then being signaled (in some way, usually with reds and blues) to pull over for a ticket and the car ...
10
votes
1answer
11k views

Does a black belt have to tell the police that he/she is a black belt

Someone I knew told me that if a black belt in martial arts is pulled over, he/she has to tell the police that he/she is a black belt because he/she is a deadly weapon. I told him that I didn't ...
39
votes
2answers
6k views

If the police search my vehicle or house without my consent, and they don't find anything, what recourse is there?

I understand that if the police perform an illegal search, then any evidence found during that search will be excluded from a trial, but what if they didn't find any evidence? If the police do an ...
23
votes
1answer
5k views

Under what circumstances am I obliged to show ID to a police officer?

In the UK, if a police constable stops you on the street and asks for your ID, when are you required by law to give it to them? Must there be reasonable suspicion of a crime? What about if you're ...

1
4 5 6 7
8