34
votes
What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?
A lawsuit would be unsuccessful. Prosecutors have discretion to prioritize whichever offenses they think are most important, and they are generally immune from civil liability.
This is a political ...
- 45.3k
26
votes
If my electronic devices are searched, can a police officer use my ideas?
Mere ideas are not, as others have said, protected by copyright. However, the police officer in such a situation may have a duty of confidentiality, particularly if s/he is informed that the contents ...
- 98.2k
24
votes
Accepted
Must the interrogation stop when the right to counsel has been invoked?
Yes, for the jurisdiction specified in the tag
In the United States, questioning must stop as soon as the accused assserts his or her right to counsel. It's been upheld by subsequent precedent, but ...
- 576
18
votes
Must the interrogation stop when the right to counsel has been invoked?
Under Miranda v. Arizona, interrogation must stop. Subsequent case law has refined when that rule holds. It is not sufficient to indicate a desire to speak to an attorney, it is necessary to ...
- 165k
15
votes
Ahmaud Arbery defendants invoke Georgia State Law as a Defense in Federal Court
Be careful: from the Wikipedia article, it appears that there is a state criminal trial and there will be a federal criminal trial. In addition, there is a federal civil suit which incorporates some ...
- 25.3k
12
votes
Can law enforcement dig up endangered plants to recover evidence of a crime?
The Meme is Incorrect
Law enforcement in the united-states may disturb or dig up plants that are listed as endangered species while unearthing evidence of a serious crime.
16 U.S. Code § 1538 ...
- 98.2k
10
votes
What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?
Almost every crime has a civil counterpart for the victim to sue for a judgement, and certainly any private property or personal violence related crime does. Victims of crimes can sue the perpetrator ...
- 4,215
9
votes
If my electronic devices are searched, can a police officer use my ideas?
can I sue them for stealing my idea?
england-and-wales
The case of Oxford v Moss 1979 established that information, in and of itself, cannot be stolen. So, in answer to the question posed: No
However, ...
- 23.2k
8
votes
What is it called when a suspect is questioned without their lawyer?
(US)
"I know is it illegal for authorities to question a suspect when their lawyer isn’t present"
This is not really true, at least in the US. The suspect must explicitly ask for a lawyer. ...
- 9,105
6
votes
Ahmaud Arbery defendants invoke Georgia State Law as a Defense in Federal Court
The answer to your direct question is that you are mixing things up: a state law like a Citizen's Arrest statute would only be a valid defense in a state trial. A federal trial would require a federal ...
- 213
6
votes
If my electronic devices are searched, can a police officer use my ideas?
Your ideas for startups or inventions might qualify as trade secrets. Trade secret law is not uniform internationally so this might or might not help you. But it is very uniform within the US.
- 8,048
5
votes
Accepted
Does the jurisdiction of a LEO end at an easement?
When the LEO violently assaulted the citizen on the easement is he out of his jurisdiction?
No. Federal law enforcement officers' jurisdiction generally* includes the entire US. Federal and state ...
- 25.3k
5
votes
Must the interrogation stop when the right to counsel has been invoked?
england-and-wales
In England, you have an absolute right to have a solicitor (either your own, or a free duty solicitor) be produced "as soon as is practicable" on your request*. There is, ...
- 2,665
5
votes
The spectrum of legality
Part answer to Q1:
Is my conceptualization correct?
No, insofar that your Points 1 to 4 are all "completely illegal" regardless of how the authorities deal with them, and the rest are not, ...
- 23.2k
4
votes
Is it legal for undercover cops to pose as your friends?
That the cop claims to be your friend is not more illegal than a salesman claiming that he has "the best offer" for you because he likes you (in fact didn't you see any film about the good cop/bad cop ...
- 4,615
4
votes
If my electronic devices are searched, can a police officer use my ideas?
If you have a password protected phone, these ideas probably mostly qualify as trade secrets. A law enforcement officer using trade secrets obtained for a limited purpose in furtherance of ...
- 140k
4
votes
If my electronic devices are searched, can a police officer use my ideas?
united-kingdom
Under the Borders, Citizenship, and Immigration Act 2009, ss 14 et seq, the wrongful disclosure of information gained by a customs officer in their search is a criminal offence. Thus, ...
- 41
4
votes
Accepted
Does the source of DNA have a bearing on the legality of a search?
From my open-source research it seems that law enforcement did not use any coercive powers, such as a subpoena or warrant, in the following case but "covertly" uploaded a suspect's DNA ...
- 23.2k
4
votes
When does an officer's discretion end, and where does an officer's duty begin?
There is an important distinction between moral duty and legal obligation. Even if an officer should arrest a person, given some moral standard, they are not legally obligated to do so. A test for ...
- 165k
3
votes
Can the police enter a property?
Generally, no
Police cannot enter private property subject to a number of exemptions:
they have a search warrant, or
when in close pursuit of someone the police believe has committed, or attempted to ...
- 158k
3
votes
Federal bright-line forbidding shooting a non-threatening fleeing suspect?
The bright line depends on perspective. In Graham v. Connor, 490 U.S. 386 the court held that
The "reasonableness" of a particular use of force must be judged from
the perspective of a ...
- 165k
3
votes
When is a web-site owner obligated to report a crime?
It may depend on what offences are suspected of being committed.
One example is: In the united-states under 18 U.S. Code § 2258A an Electronic Service Provider (ESP) is required to report apparent ...
- 23.2k
3
votes
Accepted
PD Vs SO Vs ST. What is this all about?
united-states
First of all, I would not say that any police organization "rules over": any area, unless serious corruption is being implied. The usual term is "has jurisdiction" ...
- 98.2k
3
votes
Can law enforcement dig up endangered plants to recover evidence of a crime?
In england-and-wales all wild plants are legally protected to varing degrees by section 13 the Wildlife and Countryside Act 1981.
Those plants listed in Schedule 8 are protected by s.13(1)(a) and all ...
- 23.2k
3
votes
What can someone do when scammed in the crypto world? How to report the scam and recover your crypto?
How can someone report to law enforcement a fraud in crypto space?
united-kingdom
The City of London Police have the national lead for fraud and, via Action Fraud, they adminster the online reporting ...
- 23.2k
3
votes
Accepted
Would you have a recourse if law enforcement listened to your priveledge conversations with legal council?
Yes, one has a right to privacy in such a case
This right is clearly established, and so an officer or other government official or employee who listened in or authorized another to listen in could ...
- 98.2k
3
votes
The spectrum of legality
I think the continuum view is wrong, because it isn't a continuum, instead you have multiple ways of classifying actions, depending on orthogonal criteria. For example, "the agent {is/can be} ...
- 165k
3
votes
The spectrum of legality
In germany, legal theory talks of the principle of legality and the principle of opportunity:
In principle, the police and prosecution have the obligation to enforce all laws impartially.
It is also ...
- 5,688
3
votes
Accepted
Speed enforced by radar - why the extra verbiage
united-states
Speed limits can be enforced by any means (except photo-radar) in most U.S. jurisdictions without notice that it is being used. Those laws are close to being uniform in the U.S. due to ...
- 140k
2
votes
Are local police obligated to enforce a law if they know about it?
No such obligation exists, at least at the federal level. See DeShaney v Winnebago or Town of Castle Rock v Gonzales. SCOTUS has repeatedly ruled that law enforcement officers are under no legal ...
- 671
Only top scored, non community-wiki answers of a minimum length are eligible