This officer observed Sanders was hold his left wrist with his right hand. This officer photographed Sanders for further documentation. Sanders was escorted to a treatment room and he was secure to the bed. Sanders complained he was in severe pain and had limiter mobility of his right hand. Sanders was scene by a doctor and stated the following "I was in the back seat of the car and adjusted my wrists and heard a popping sound" "I twisted wrong with the cuffs on" Sanders also now claimed his right shoulder was injured. Sanders also told the doctor he broke his wrist twice once in a Humvee accident and when picking up a pallet.…
On May 24, 1992, Ramon Flores was working at a gas station that was getting robbed and was shot and killed. The man charged with his murder was Michael R. Pulido. He was charged with first degree murder along the felony murder law. That law states that killing during the act of a felony, in this case a robbery, is automatically first degree murder. The way I have interpreted the facts of this case, the defendant was the one who pulled the trigger and point toward him as the killer. To come to this decision, the jury had to conclude that the defendant had intent to commit a felony, killed during the act of a dangerous felony, and that the victims death was a foreseeable outcome of the felony.…
A former Church of Scientology member has filed a case alleging the church had forced her to work long hours when she was younger and have abortion at 17.…
This was an example of a government agency rushing to be PC (politically correct). Additionally, Al Sharpton and Jesse Jackson were quick to put these boys in jail to resurrect their notoriety; furthermore, neither have apologized to this day. There was no evidence other than the late accusations of a drunken dancer. The media played the two universities against one another and was clouded by race. This indictment was politically motivated, since Mike Nifong was pursuing career advancement via election. North Carolina District Attorney Roy Cooper took over the case in January 2007 after the state bar association filed ethics charges against Mike Nifong for withholding exculpatory evidence and making inflammatory statements about the case…
The action of the police officers were completely wrong, both legally and morally. The officers violated Antonio Richard Rochin’s 4th, 14th and 5th Amendment rights. The officers never obtained a warrant to enter and search Rochin’s residence; therefore, making any evidence discovered inadmissible in court. In addition they violated Rochin’s 4th Amendment rights, and no one should have their home broken into by those who’s jobs are supposed to protect us based on some hearsay evidence. It would be understandable if these officers had enough evidence to create probable cause to create enough reasonable suspicion to get a warrant before searching Rochin’s house. Instead the officers chose to take the law into their own hands by “jumping…
The Second Circuit Court handles many major cases. One of these major cases was Runner vs. the New York Stock Exchange. In this case, Victor J. Runner, the plaintiff, was suing the New York Stock Exchange for injuries he had sustained while doing work for them. The defendant issued “an appeal from a judgement imposing liability upon them pursuant to Section 240(1) of New York's Labor Law” (Lipmann, 2009). The defendant acknowledged what had happened to injure the plaintiff. While on the job, “the plaintiff and several co-workers had been directed to move a large reel of wire, weighing some 800 pounds, down a set of about four stairs. The workers were instructed to tie one end of a ten-foot length of rope to the reel and then to wrap the rope around a metal bar placed horizontally across a door jamb on…
Each time a police officer chooses to make an arrest, they demonstrate whether or not they practice the proper discretion that their career field expects of them. For the particular case involving Ken Krook, a young man who had attempted to rob a liquor store, while holding the store clerk at gun point. While Ken fled the scene, a responding officer had been notified on behalf of the specific crime that had taken place following a veg description of the individual. After noticing an individual who seemed to fit the description of Ken Kook, the officer ran after the criminal, eventually making an arrest. This case brings up the issue involving what is and is not a proper use of discretion, and whether the arrest of Ken Krook was done lawfully.…
On Wednesday, May 3, 2017 at approximately 1355 hrs responding officers Cpl. J. Smith #477 and Cpl. J. Montemayor #468 were dispatched to a Signal 33. Unruly patient, that was being very combative on A6119. Details are as follows: When R/O Smith arrived on A6119, R/O Montemayor was speaking with the patient, Mario Shannon, when the patient turned and walk towards R/O Montemayor in an aggressive manner. R/O Montemayor took a step backwards and pulled his department issued X26 Taser and gave verbal commands for the Patient Shannon to stop walking towards him. Patient Shannon stopped walking towards R/O but was yelling “why me”, “I’m going to take your gun”, “pull the trigger” and “I’m going to hurt you”. At that time Patient Shannon turned…
The police have been empowered by the government with the power to investigate and make arrests in connections to violations of law. The police must abide by the law in their pursuit to uphold law. The courts in the United States examine police, procedure and behavior, and can overturn, overrule or modify violations of law and procedure that do not adhere to due process. Examples of the courts influence on policing procedures can be found in cases such as Weeks vs. United States (1914), Silverthorn Lumber vs. United States (1920), and Mapp vs. Ohio (1961). If the issues are examined one can see the precedents the courts used to…
The following paper reviews probable cause as it applies to the duties of law enforcement. We will review different scenarios involving probable cause and the different court rulings that govern police and other law enforcement officer’s procedures involving the searching of a residence, arresting offenders, and the use of warrants. Due, to the inconsistency and complexity involved in real life situations, a multiplicity of use involving warrants, probable cause, searches, and other police actions can occur.…
Therefore, the Exclusionary Rule and fruit of the poisonous tree doctrine was created as an important protection of the Fourth Amendment. This paper has discussed the Exclusionary Rule, fruit of the poisonous tree doctrine, and the difference between the two. It has also discussed the civil liability that officers may be subject to for their mistakes and how they may be forgiven from liability if their mistake was objectively reasonable or if it was made in good faith. Lastly, the author has discussed the importance of obtaining a search warrant when available and how this seemingly simple procedural step will prevent the suppression of evidence, as well as, protect the officer and agency against any civil liability. Although many times officers’ conduct searches under the emergency exception of the warrant requirement, it is generally a lackadaisical excuse which can hardly be defended. In modern times with the inception of recent technology it has become quicker and easier to obtain search warrants, either telephonically or by electronic means. Therefore, it should be instilled in officers through academic and field training to always secure consent or a search warrant prior to conducting a search in order to protect themselves and the integrity of the…
officers accused of misconduct” (Appuzo and Williams). Back in the day, police officers we the…
Ethical issues in policing reach back to the early ages of law enforcement. The profession of policing plays a vital role in the rationale and motivation of how officers conduct themselves while on and off duty. This is a primary focus point of the society in which they work, due to the society’s level of trust and confidence in the officers to act accordingly and responsibly without any negative person vengeances or vendetta. As a result of the numerous negative encounters of officers interacting with the public, which has been mainstreamed by the media, there is a heightened sense of entitlement and false responsibility of citizens to report to higher authorities or the media when they do not get whatever it is that they want or receive the…
A law enforcement officer acts under “color of law” even if he is exceeding his or her rightful power. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed. Color of Law abuses is investigated by the Federal Bureau of Investigation (FBI) federal agency. This law is a failure for the reason that unethical police officers continue to violate the law, as if the Color of Law doesn’t exist. This law is indeed necessary however lacking strict consequences for police who abuse their powers.…
However, the citizens of the community typically accuse the police officers that at some point do get accused of such things. on a normal basis these citizens file complaints against police officers because of something they did, something they failed to do of something they think the officers did. When these things happen and these complaints are filed, they are normally handled by that police officers first level supervisor. The steps that this process requires are quite simple and time efficient to complete. It requires your supervisor to hear the citizen’s story (often times the citizen is asked to say it sevel times), the supervisor must give the person accusing the officer a reasonable explanation for the actions of such officer, and finally the supervisor must make a promise to the citizen that the officer is going to be called in and be spoken to. Once that officer is taken in to the supervisor’s office, he or she is asked to give a version of their story and explain the details in the officers eyes and how he or she saw it. If the supervisor is happy with that police officers story and explanation and with their professionalism, the whole matter typically ends there. However, if the matter does not stay there and the supervisor decides to take it to the next level, this demands and official investigation by the Internal Affairs Bureau of the police…