reply to post by sonnny1
No worries man.. I dont think you are a cop hater, but a person who is concerned with police actions. One of the issues I see is people dont seem to
understand how some laws work, or how their constitutional rights work.
I see people invoking the 4th amendment a lot, yet people dont seem to understand the 4th amendment does not apply to the individual, but the
government. There are exceptions to the 4th amendment where officers can take action without a warrant (exigent - pursuit of a criminal into a
residence, life or death issue, consent, plain view contraband).
In addition to LEO's being subject to 42 USC 1983 (civilians are not subject to it) we do not have the ability to invoke our 5th amendment rights.
Civilians are read their Miranda warnings, which allows the option of not answering questions. For law enforcement, in addition to being read our
Miranda rights, we are also read whats calleed garrity rights. Since police departments utilize a chain of command, we can be ordered to answer
questions, including incriminating ones.
We have laws and court rulings that only apply to the Police. For instance the use of force in the OP. The standard estbalished by the Supreme Court
is what did the officer perceive the moment force was used. A 20/20 hindsight argument is not valid.
If the people dont care for a particular law, then they should stand up and be heard - take part in the process and hold our elected officals
accountible. The people have the authority to fire their representatives in government. Times change, and laws must change as well.
As a side note, the Indiana Court ruling irritates me to no end. From the info I have seen to date it looks like they have guaranteed officers a
Federal civill rights violation by following the state court ruling.Also there have been quite a few Supreme Court rulings that have added more
protections to citizens, while restricting law enforcement actions
As an example Arizona V. Gant resulted in a supreme court ruling that further defined the 4th amendment when it comes to a vehicle search. Officers
are no longer able to search a vehicle incident to an arrest unless there is contraband in plain site, or if its a DWI case.
Another Supreme Court ruling (stemmed from an incident in Arkansas, and im drawing a blank on the party name) further restricted an officers ability
to identify people during a traffic stop. The ruling still allows officers to ask all the occupants in a vehicle, however the only person required to
submit is the driver. Passengers can refuse the request (there are exceptions) to hand over their identifications.
Do some cops abuse their positions - absolutely.
Do all of them abuse their positions - nope
Incidents involving officers and questionable use of force make the news. The things we do right rarely if ever make the news. Constant negative
reminders can influence peoples opinions and views.