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 - Page 5
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Recent Legal Answers

Son fled from being arrested and after he was tazed on ground in hand cuffs he was kicked repeatedly

Answered 9 years and 2 months ago by Richard Lane Hughes (Unclaimed Profile)   |   1 Answer
You may wish to contact the Department of Justice Civil Rights Division. In addition, you or he may have an excessive force case but you have not stated enough facts to evaluate that possibility.
You may wish to contact the Department of Justice Civil Rights Division. In addition, you or he may have an excessive force case but you have not... Read More
The focus here should be on the fact that your son is in a juvenile detention center and not on some comment by a Detective. If you raise your son and supervise him properly, so he is not hanging around criminals or enaging in criminal activity, then there is nothing to worry about regarding such a comment. Otherwise, if your son IS a criminal or hanging around with a criminal element, again there is no issue with the statement as your son, not the detective, will be "messin his life all up" and the law enforcement officer will be doing exactly what he is there to do, arrest and help convict your son, as he would deserve. Other than that, your remedy is to file a conplaint with internal affairs, at least to document  the statement should something improper happen in the future, but don't expect anything beyond that with the facts presented. ... Read More
The focus here should be on the fact that your son is in a juvenile detention center and not on some comment by a Detective. If you raise your son... Read More
Oh puuuuullleeeaaaasseeeee..........If you are too dense to realize that trying to take a controlled narcotic when pulled over for a criminal drug stop was at a mimimum a stupid idea, especially behind the wheel of  a car,  and at worst an effort to destroy evidence of your narcotic possession, you need more than lawyers to address what are some serious life issues. Given the magnitude of the foolish decision, I am going to simply assume that you were holding some illicit pain pills and were able to swallow them BEFORE they could stop you and the evidence is gone, so you should not make things worse by now trying to grief the cops over thier attempt to stop you. IF by some possiblity you were just foolish and decided that was a good time to take controlled substance, without advising the cops of your actions in advance since it would be lawful conduct on your  part, in the future, you should simply wait until the issue has passed or advice the LEO of your need to take medication, show them the 'scrip, and you won't have any controversy to worry about. ... Read More
Oh puuuuullleeeaaaasseeeee..........If you are too dense to realize that trying to take a controlled narcotic when pulled over for a criminal drug... Read More
This is more of a political issue aka "Walking Tall" than a legal issue as framed, though its not clear how "serious" you bid to be Sheriff was taken if you are emotionally or physicially frail due to health issues. Unless the SAO agrees that the charges were totally unfounded, which doesn't to be the case as a dismissal after a lengthy prosecution is NOT an aquital, its simply not clear what your question is or you are trying to accomplish. ... Read More
This is more of a political issue aka "Walking Tall" than a legal issue as framed, though its not clear how "serious" you bid to be Sheriff was taken... Read More

Do i have a case to sue?

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Oh please. First, if you are doing things that cause you ot be arrested, be happy that the worst criminal treatment in this country is a country club day in 3/4 of the jails in the rest of the world Second, absent you having some substantial injury such that you went to the hospital and needed surgery or the like, or there is some clear video showing some violent intentional act by the officer at issue, there is simply not going to be much sympathy or concern about nominal bumps and bruises while incarcerated and inmate credibility about such things is equally poor as starting point. Again, if the pictures are compelling, suggesting some shocking or signfiicant injury that consistent with an abuse of force or failure to provide adequate medical care, this analysis would change. Other than that you need to focus on doing things to stay out of jail and that will eliminate any such concerns in the future. ... Read More
Oh please. First, if you are doing things that cause you ot be arrested, be happy that the worst criminal treatment in this country is a country club... Read More
Hate to tell you - but its not even close to police misconduct. You and your mom are in fact loitering. You shop at a store and leave. You don't stay there for protracted periods of time to "shop" and "use the restroom". While you may be homeless - the front of the Winn Dixie is not your home nor a residence. You will need to find another location to wait for the shuttle bus or your next "home" will be county lock up for "trespassing" whcih certainly wont help your situation. ... Read More
Hate to tell you - but its not even close to police misconduct. You and your mom are in fact loitering. You shop at a store and leave. You don't stay... Read More
If you have the money necessary to retain a lawyer and fund the litigation there are lots available. If you are looking for a lawyer to champion your cause at thier expense .....its crickets. 
If you have the money necessary to retain a lawyer and fund the litigation there are lots available. If you are looking for a lawyer to champion your... Read More

Was this a illegal search

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
That prospect makes zero sense and is one of the reasons you don't listen to cops as lawyers any more than a recpetionist at the doctors office about your medical care. There are a variety of reasons for an officer to search your car starting with officer safety and on up to probable cause/warrant based searches. ... Read More
That prospect makes zero sense and is one of the reasons you don't listen to cops as lawyers any more than a recpetionist at the doctors office about... Read More
What you describe is not inherently police misconduct. How about we focus on WHY a woman who is pregnant is being arrested and presumably charged with criminal activity?That should be of even greater concern as future parent of the unborn child at issue rather handcuffs too tight is why is she in a situation where there are handcuffs at all?... Read More
What you describe is not inherently police misconduct. How about we focus on WHY a woman who is pregnant is being arrested and presumably charged... Read More
The police would need a search warrant signed by a judge. We would need to review the search warrant and the affidavit underlying the warrant. This can be done immediately. Please call to discuss. Ed Dimon 732-797-1600
The police would need a search warrant signed by a judge. We would need to review the search warrant and the affidavit underlying the warrant. This... Read More

cop shoots dog for know reason

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its unlikely thecop shot the dog "for no reason" and you would have to show that to be true conclusively. If they served a warrant on the wrong house, they may have liability for the dogs value (they are considered property) with our without a reason, but depending on the circumstances additional claims for emotional harm may not be viable or subject to various immunities.... Read More
Its unlikely thecop shot the dog "for no reason" and you would have to show that to be true conclusively. If they served a warrant on the wrong... Read More
UM...yeah. No. You don't get to sue the police because you get arrested because YOU decided to have room mates and allowed people to move in with you. YOu can call legal aid or hire a lawyer to file a lawsuit to remove them from the house but this has to be done the right way since you allowed this to occur. ... Read More
UM...yeah. No. You don't get to sue the police because you get arrested because YOU decided to have room mates and allowed people to move in with... Read More
Can you update this situation?  Has the SCDJJ presented your son for a detention hearing?
Can you update this situation?  Has the SCDJJ presented your son for a detention hearing?
This all depends on the WHY the police were in your back yard to begin with and then going from there. You may want to contact a lawyer telephonically to address the details. 
This all depends on the WHY the police were in your back yard to begin with and then going from there. You may want to contact a lawyer... Read More

can we stop our bad cops?

Answered 9 years and 5 months ago by Theresa Lynn Dixon Sidebotham (Unclaimed Profile)   |   1 Answer
There are several ways to handle injustices by the cops or other government employees. You might consider filing an internal complaint with the Police Department. The idea is that the Department would then investigate what happened. This has the advantage of being free. You could file a civil rights lawsuit. These lawsuits are possible, but difficult. For state law claims related to injuries, there are short timelines and limits on what you can file. There may also be federal claims under Section 1983. These claims hold government officials accountable for unconstitutional behavior. They take careful analysis and are also difficult to move forward, because the law favors the government. However, most of the successful cases against cops are this type of case. They are usually contingency cases, meaning that you don't pay attorney fees up front, and the attorney doesn't get anything unless you win. But there are also significant costs to running the case, and the client may need to pay those. Basically, a civil rights lawyer would gather and analyze the information you have and help you decide if there is a case, and also if it's a case the lawyer is willing to take (which is not always the same thing).... Read More
There are several ways to handle injustices by the cops or other government employees. You might consider filing an internal complaint with the... Read More

looking for lawyers to take on case for nj against police

Answered 9 years and 6 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
Your sister must begin to gather written proof and written sworn statements fro witnesses to support her claims. We need to be able to prove the claims. Ed Dimon
Your sister must begin to gather written proof and written sworn statements fro witnesses to support her claims. We need to be able to prove the... Read More
Possibly, but there are no damages here that you described. This more an IAD issue than a civil lawsuit issue. 
Possibly, but there are no damages here that you described. This more an IAD issue than a civil lawsuit issue. 

Can I give consent to a vehicle search if the vehicle is not mine?

Answered 9 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
There was nothing found in the car and no charges resulted from  the seach. Move on.
There was nothing found in the car and no charges resulted from  the seach. Move on.

How do I bring them to justice?

Answered 9 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not as described. YOu would likely need to retain a lawyer and a PI to undertake a comprehensive review of the matter to see if anythng can be documented.
Not as described. YOu would likely need to retain a lawyer and a PI to undertake a comprehensive review of the matter to see if anythng can be... Read More
The problem is that you were given notice of the claim by the officers and consulted the ACLU about the claim but did not Answer or defend the Complaint. You had an obligation to defend against the Complaint. Ed Dimon
The problem is that you were given notice of the claim by the officers and consulted the ACLU about the claim but did not Answer or defend the... Read More

I think I was involved in police misconduct.

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This will all depend on the facts and evidence addressing your interaction with the officer and hopefully some video recording or other objective information. As you umay well imagine, people arrested or detained by police officers ROUTINELY instigate or escalate the issues and then blame the officers when they react. One need only watch an episode of COPS to see this. It will also be helpful if IA finds some misconduct on the part of the officer. YOu will need to retain a lawyer to address this immediately. ... Read More
This will all depend on the facts and evidence addressing your interaction with the officer and hopefully some video recording or other objective... Read More

How do I Sue for police harassment?

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends entirely on the facts. Most cases revolve around Feeral civil rights violation, are very complicated and very expensive to pursue.
Depends entirely on the facts. Most cases revolve around Feeral civil rights violation, are very complicated and very expensive to pursue.
Seriously? So your husband has a warrant for his arrest and you say he ran and sat on the porch to "wait for them?" really?.....why didnt he just stay where he was and get arrested?.....OH thats right, because people with arrest warrants out on them don't do that, the run away and try to barricade themselves in the house. Lets stop being silly shall we?....if your husband runs from the police when he has a warrant for his arrest, and gets a broken toe, that is perpetrator misconduct NOT police misconduct. ... Read More
Seriously? So your husband has a warrant for his arrest and you say he ran and sat on the porch to "wait for them?" really?.....why didnt he just... Read More

Process

Answered 9 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
if you want to spend money on a lawyer to purse such a claim, you simply need to retain one at an hourly rate/retainer and have this pursued. This is not a contingent fee case where you get angry and the lawyer fights your battle at tthier expense. 
if you want to spend money on a lawyer to purse such a claim, you simply need to retain one at an hourly rate/retainer and have this pursued. This is... Read More
did you take her to the hospital to receive medical care?
did you take her to the hospital to receive medical care?