Police Misconduct Legal Questions

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182 legal questions have been posted about police misconduct by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include law enforcement. All topics and other states can be accessed in the dropdowns below.
Police Misconduct Questions & Legal Answers
Do you have any Police Misconduct questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 182 previously answered Police Misconduct questions.

Recent Legal Answers

This is a police misconduct or personal injury matter, not a criminal one
This is a police misconduct or personal injury matter, not a criminal one

Can I sue a cop for emotional and mental distress?

Answered a year and 4 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
These cases are most difficult to win because the law provides significant protections to the police regarding mistakes or negligence and 'protection of the officer'. Ed Dimon, Esq. 732-797-1600
These cases are most difficult to win because the law provides significant protections to the police regarding mistakes or negligence and 'protection... Read More
I am very sorry this happened to you.  I do not see a case here for a lawyer however.  The wellness check is procedural.  If the police continue to contact you, you may wish to have an attorney with you for any questioning.  
I am very sorry this happened to you.  I do not see a case here for a lawyer however.  The wellness check is procedural.  If the... Read More

Can a Texas police officer shoot a moving vehicle

Answered 4 years and 6 months ago by attorney Bruce Robins   |   1 Answer
Depends on the circumstances.  Is the car being operated by an excaping felon who it trying to run him over?  Then yes.  Is the car being driven lawfully in the roadway and he shoots at it because it has an OSU bumper sticker?  Then no.
Depends on the circumstances.  Is the car being operated by an excaping felon who it trying to run him over?  Then yes.  Is the car... Read More
Why? He is "off duty". Did you disclose your employment status to the officer at the scene?
Why? He is "off duty". Did you disclose your employment status to the officer at the scene?
Interesting, and scary, question. the law usually requires similar force when defending yourself, so if someone is attacking you with their hands, you can fight back with your hands. But oif you pull a gun out and shoot them, that may be a problem.  In your scenario, you want to stop a crime (i.e. attempted murder) by a cop.  I understand your feelings, but I believ you would hav eto call the police and make an emergency report.  If you attack the officer or inetrfere in some physical way, you may be in alot worse trouble.  Your best option is to call 911, get people nearby to witness the event, have everyone demand he stops the assault and video it.   This is not legal advice nor does it create an attorney client relationship. It is just informational. You should hire an attorney if you want to pursue a legal matter.... Read More
Interesting, and scary, question. the law usually requires similar force when defending yourself, so if someone is attacking you with their hands,... Read More
Sorry  - your question makes no sense. Try coherent sentences and providing some actual facts about what happened.
Sorry  - your question makes no sense. Try coherent sentences and providing some actual facts about what happened.
Not much thats cost effective at this point if you are dealing with a thief. You could hire a lawyer to sue for its return if you want to spend the money. 
Not much thats cost effective at this point if you are dealing with a thief. You could hire a lawyer to sue for its return if you want to spend the... Read More

Can a police task force harass me and follow me everywhere I go?

Answered 5 years and 3 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
You must get evidence to corroborate what you say is occurring.  Video record!   And you can cover your peephole
You must get evidence to corroborate what you say is occurring.  Video record!   And you can cover your peephole
No. There is soverign immunity for what you describe. Added to that a lawsuit involving an officer can't identify, with no report and based on the bizarre facts you describe goes no where absent being able to ID the parties, not to mention the rest of the story as to WHY 3 women would intentionally knock you off your bike and try to fight you. ... Read More
No. There is soverign immunity for what you describe. Added to that a lawsuit involving an officer can't identify, with no report and based on the... Read More
Yes.  They can do this.  I would reccomend consulting with an experienced attorney to secure representation.
Yes.  They can do this.  I would reccomend consulting with an experienced attorney to secure representation.

How do I find out the names of two police officers?

Answered 5 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You would have started with thier names on thier uniforms and the numbers on their badges. Other than that "some cops came to my house and interrogated me" gets no where and you claim they "fled" when your father claimed chest pain - makes this post suspicious as thats not consistent with what law enforcement officers do. You can file a complaint with internal affairs and see where that goes - but it will be difficult if you can't ID the officers otherwise.... Read More
You would have started with thier names on thier uniforms and the numbers on their badges. Other than that "some cops came to my house and... Read More
Not generally no - but thre are exceptions depending on the details.
Not generally no - but thre are exceptions depending on the details.

I would like to file suit against the police department

Answered 5 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sorry - but law enforcement are not taxi services to "take you to your daughter's place" regardless of where you live or are from.  As to the being treated poorly you can make a claim with internal affairs for the agency at issue and they will address that. If there was an issue about whether or not to charge the guy that attacked you, you can address that within the hierarchy of the agency that responded or the local State Attorney. Otherwise, there is no basis to sue people because you are not treated kindly.  ... Read More
Sorry - but law enforcement are not taxi services to "take you to your daughter's place" regardless of where you live or are from.  As to the... Read More
There is nothing an attorney can do for you.   If you retain an attorney, the attorney can visit him.   You can try the public defender's office. They may be able to help
There is nothing an attorney can do for you.   If you retain an attorney, the attorney can visit him.   You can try the public... Read More
Respectfully, that is not entrapment.  Entrapment is them using some inducement to get a person to do something theu wouldnt otherwise do.  For example, if you were walking down the street and an officer was inside the door yelling help me, and you ran into save them, that might be entrapment.  You expressed your desire to enter and the officer acquiesced.   Please dont construe this as  saying the search was legal.  There are other potential suppression issues at play.  What is evident from your question is that you need help.  Talk to an experienced local attorney.  Theu can assist you in preparing your defense.  ... Read More
Respectfully, that is not entrapment.  Entrapment is them using some inducement to get a person to do something theu wouldnt otherwise do. ... Read More

Fl. 489.126

Answered 6 years ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
You did not state the charges were dismissed. If still pending there is no case.   If there was probable cause for your arrest (not necessarily enough to convict), then there is no false arrest case.   Requirements in civil case like certified mail, do not apply to criminal cases.   There is no requiement for investigator to call you.... Read More
You did not state the charges were dismissed. If still pending there is no case.   If there was probable cause for your arrest (not... Read More

Am I speaking to a lawyer now

Answered 6 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what you're expecting to happen here. If you agreed to be a snitch and the neighborhood found out about it, thats not something you get far trying to blame law enforcement for. If you contend there was an illegal S&S you should have retained a lawyer right then and dealt with it directly. If you want to spend the money you can always hire a criminal lawyer or civil rights lawyer at some expense to answer any questions you have. ... Read More
Not sure what you're expecting to happen here. If you agreed to be a snitch and the neighborhood found out about it, thats not something you get far... Read More

Can a police officer have you stripped while fully shackeled to a bed then continue to take photos of you

Answered 6 years and a month ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
I suggest you consult with a lawyer regarding this. It sounds like a violation to me.   In lieu of that you can always file an internal affairs complaint.   Perhaps obtaining a copy of the police reports, the photographs and the hospital records first may also be a good idea
I suggest you consult with a lawyer regarding this. It sounds like a violation to me.   In lieu of that you can always file an internal... Read More

Are my rights being obstructed

Answered 6 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You may need to make a formal request under Fla. Stat. 119 and if they won't provide the records, sue for enforcement if they claim an improper exemption. You will likely need to retain a lawyer for that purpose. 
You may need to make a formal request under Fla. Stat. 119 and if they won't provide the records, sue for enforcement if they claim an improper... Read More

Who's gonna police the police

Answered 6 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   2 Answers
Sorry - if you are describing that you are living in a "homeless camp" and complaining of "discourteous" treatment by law enforcement - hate to tell you, but short of SanFrancisco, any where else you are, any coherent person will treat occupants of such "camps" with a healthy dose of caution, as they are most often populated with drug addicts, criminals and mentally unstable occupants at very high ratio. Thats simply part of the deal when you are living in the vagabond environment as they are VERY volatile living conditions which is why they are last resort situations.... Read More
Sorry - if you are describing that you are living in a "homeless camp" and complaining of "discourteous" treatment by law enforcement - hate to tell... Read More

what can i do about false written police affidavit

Answered 6 years and 4 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
Sounds like a scrivener's error   Retain a lawyer!   By the way it is refuting  
Sounds like a scrivener's error   Retain a lawyer!   By the way it is refuting  

police misconduct

Answered 6 years and 4 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
Thank you for contacting our law firm. We are sorry for your loss. We are available to discuss the matter. Please call. Ed Dimon, Esq. 732-797-1600
Thank you for contacting our law firm. We are sorry for your loss. We are available to discuss the matter. Please call. Ed Dimon, Esq. 732-797-1600

Who is the attorney that can take on the county of Essex for theft of personal property on a contingency bases.

Answered 6 years and 6 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
You have the right to bring an action against the police. However, you must file a 'tort claims notice' within 90 days of the incident. You must then prove your case. The burden of proof is significant given the 'protections' given police regarding negligence or mistakes. This can bw an expensive litigation and the police are skilled witnesses. Please call to discuss. Ed Dimon, Esq. 732-797-1600... Read More
You have the right to bring an action against the police. However, you must file a 'tort claims notice' within 90 days of the incident. You must then... Read More
I am not going to second guess his lawyer which is to whom you should be speaking
I am not going to second guess his lawyer which is to whom you should be speaking