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86

Even if you had grounds for a lawsuit, you could not make it come out of the officer’s pocket. Under Chapter 4.64 of the Seattle Code, the City of Seattle is generally required to defend and indemnify city employees who are sued for doing their job. If you sue a police officer, the city pays his lawyer; if you win or if the city decides your claim is ...


61

You don't know. You can't know. And you can't force the officer to tell you. Detention Status As a practical matter, you have no way of knowing if you are compelled to follow an officer's order because you are being detained unless the officer volunteers that information (your detention status) which they are not compelled to disclose and have every ...


58

Bobstro gave the practical answer, that it's a stupid idea for many reason. This is for the US in general, states may have laws that say otherwise. It is not illegal to provoke someone or a government official (police), it's done all the time in protest (not riots). It is not illegal to run from a cop who has not detained you in any way, or has not ...


57

The case you identify is not unique. For example, the Unitarian church in Denver has done much the same thing. There is not a legal right to sanctuary in a church. But, as a manner of law enforcement discretion and public relations and customary traditions of law enforcement respect for churches that long predate the formation of the USA, law enforcement ...


45

There is a state law that requires you to obey the police: ORC 2917.13, which says you may not Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer's duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind. If you do, misconduct at an emergency is a ...


35

First, you have to know your own rights. There are detailed laws that describe what police can do and how they are supposed to do it. Unfortunately, none of their duties include "informing citizens of their legal rights," with the sole exception of informing a detainee of his right to a lawyer, and then only if the officer cares about the admissibility of ...


31

You can file a federal criminal complaint under 18 USC 242 - Deprivation of rights under color of law, or (most commonly) a civil claim under 42 USC 1983 for the violation of your civil rights. There are usually state laws, from some form of harassment (usually a summary offense) to misdemeanors like the Official Oppression we have in Pennsylvania. Note ...


22

This is not a simple question. There are hundreds of page treatises on consent - explicit, implied, obtained by trickery, revoked, coerced by show, coerced by intimidation. If it ever was just a he said (s)he said situation, that certainly does not mean that the testimony of those two individuals are all that's considered to determine (1) that the ...


22

First off, you cannot booby trap your property, period. It is both illegal and tortious. But, as you noted, there are already questions/answers that deal with this issue. Sure enough, if the police get a no-knock search warrant, that in and of itself is the Court order allowing entry by any means necessary. When the officers, there by right of law, breach ...


20

I'll go ahead and add in a federal level legal principle on top of all of the local and state laws that stand in your way: qualified immunity. In short, you'd have to prove that the officer was plainly incompetent. Police officers who have accidentally shot people they were intending to tase have been granted immunity under the various statutes being ...


19

Police officers do not get to order citizens to do "whatever they want"! In traffic stops, police often ask (in a tone that could be construed to sound like a demand) to search your vehicle during a traffic stop. More often than not, people assent even when they have illegal drugs, weapons, and all other manner of illegal things! The police do not have a ...


18

Short Answer The facts described by the OP do not, alone, constitute a crime. However, they are likely to begin a chain of causal events that can lead to a crime following a natural sequence of escalatory stages if the "suspect" does not change their behavior to stop the progression. Let's analyze how this might happen... Analysis Stage One: "...


18

In the United States, the general way to challenge violations of your constitutional rights is a civil action under 42 U.S.C. § 1983. This broad statute allows anyone injured by such a violation to obtain damages and an injunction against future conduct. Police officers are entitled to qualified immunity from suit; a plaintiff must show that the officers' ...


16

There is a good amount of case law addressing this question going back two centuries. Legally, as soon as you are subject to "excessive force," you are allowed to defend yourself as you would against any assault, even if that force is being used in the course of an otherwise lawful arrest. Furthermore, in some states you are still allowed to resist ...


16

You could sue the officer. You could even make it a federal suit under Section 1983 (see the text of the law). However, to prevail, you would have to show that the officer knew that you were doing nothing illegal, or that any reasonable officer would have known this. If a reasonable, even an ordinarily careless, officer might well have believed that you were ...


15

If a person is within a political unit X, they are in the jurisdiction of X, and unless them have specific immunity (e.g. Art. 1 Sect. 6 Cl. 1 of the Constitution, congressional immunity from arrest), they may be arrested. A foreign embassy would be the one place located within the borders of a nation which (per Vienna Convention on Diplomatic Relations Art. ...


15

The video is a record created and possessed by the government, documenting government activities. It is a government record, and probably a public record under the Illinois Freedom of Information Act. As such, you would almost certainly be unable to force its destruction, and it's more likely that the public would be able to access it.


15

I'm speculating a bit, but it is sometimes hard to distinguish a 'request' from an 'order' when dealing with law enforcement. Police might say "Can you open this door for us please?". But this can mean either "we would like you to open this door for us if you don't mind" or "we are ordering you to open this door, but in a polite way". I wold perhaps ...


14

People in the UK (who are not subject to immigration control or other restrictions) do not have to carry any form of identification. This doesn't answer all parts of your question, but s164 Road Traffic Act 1988 is appropriate to the part about driving. a person driving a motor vehicle on a road ... must, on being so required by a constable or vehicle ...


14

A common phrase regarding US cities is, "cities are creatures of the state." All of their authority comes from the authority granted states, and states can limit the authority of cities, counties and their other political subdivisions. In the US cities cannot have additional authority beyond the authority the containing state has, as opposed to, for example,...


13

Hard to prove a negative, but the answer is no. Here's some support: https://martialarts.stackexchange.com/q/72 http://www.fightingarts.com/reading/article.php?id=460 explains possible origins of this myth: By Jonathan Maberry This is one of the oldest American martial arts legends, and there is absolutely no basis or reality in it. First off, ...


13

A police officer can lie, and lying does not render a statement inadmissible. But there is a separate area of law regarding self-incrimination and the right to a lawyer. The basic principle is that a person can always assert their 5th Amendment rights, whether or not they are under arrest. When a person is under arrest and has asserted their right to an ...


12

Even if the authorities aren't injured, the homeowner may well face criminal charges. Many states make it illegal to set booby traps; for instance, California makes it a felony in section 20110 of the Penal Code. The definition of "boobytrap" in the code is "any concealed or camouflaged device designed to cause great bodily injury when triggered by an action ...


12

Defamation is a false statement. If the police have arrested you or charged you with a crime, then a press release stating that you have been arrested or charged is a true statement, and not defamation. If the agency falsely stated that you were guilty of the crime then you'd have a case for defamation. If the police did not actually have probable cause for ...


12

Let us assume that you were high on meth at the time, that you were acting normally (that is, were not smashing windows or other such criminal things), but you had mouth sores and high blood pressure. Let's also assume that you are docile, but don't consent: so you stick around. Even with all of these assumptions working against you, the sheriff cannot force ...


11

There's a video of a night-time police stop of a 17-year-old driver in Michigan for flashing the officer with high beams. The officer initially states his intention to only give the driver a warning. Unfortunately, the kid decided to play the "am I free to go?" line rather than cooperate, and the officer decided to escalate the situation. At one point, the ...


10

Quite a few states have laws against things like "interfering with a peace officer" or "obstructing a peace officer". This action might or might not fall within that statute, but there's enough variation in wording between states that it's impossible to say in general. It can also depend on some other parts of the situation, such as whether the police ...


10

Police are authorized by statutes to carry out the functions of law enforcement. I.e., they are granted by law the authority to: Investigate alleged or apparent crimes Detain and arrest individuals when there exists "probable cause" to believe they have committed a crime. There are a plethora of details encompassed by these general descriptions. For ...


10

In the situation described, the defender is unlikely to get out alive. In most such cases the police will be very proactive in trying to kill the shooter. They have radios and if a "man down" alert occurs, they will be out for blood. If the shooter survives, the odds in court are against him, but not impossible. In one cases the defendant survived and ...


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