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Police Power outside of Emergencies

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  • Police Power outside of Emergencies

    In Nebraska, I was told that there is a statute stating that Law Enforcement holds no significant power over the people unless there is an emergency (not a state of emergency, just emergencies) Is this true? could this also be a specific city ordinance or county code? I'm interested in this because many times I've watched law enforcement abuse the privileges and powers entrusted to them and it would be nice if we could inform the state of such abuses with success of a case.

    If there is no law or statute pertaining to this that would also be helpful information as there should be a repercussion of law enforcement abusing entrusted powers.

  • #2
    Re: Police Power outside of Emergencies

    You can start with the US Constitution and work your way down.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

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    • #3
      Re: Police Power outside of Emergencies

      It is absolutely false. If you check the criminal code you will see the activities that are criminal, who enforces those laws? At the street level it's the LEOs, no emergency required.

      Stand on a busy street corner using a bong. That should give you much needed proof.

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      • #4
        Re: Police Power outside of Emergencies

        Originally posted by Citizen View Post
        I'm interested in this because many times I've watched law enforcement abuse the privileges and powers entrusted to them and it would be nice if we could inform the state of such abuses with success of a case.
        Violation of policies, etc., does not necessarily mean a criminal violation, but actions MAY be, of course.

        States also have similar provisions, mine does.


        18 USC § 242 - Deprivation of rights under color of law | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

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        • #5
          Re: Police Power outside of Emergencies

          Originally posted by Citizen View Post
          In Nebraska, I was told that there is a statute stating that Law Enforcement holds no significant power over the people unless there is an emergency (not a state of emergency, just emergencies) Is this true? could this also be a specific city ordinance or county code? I'm interested in this because many times I've watched law enforcement abuse the privileges and powers entrusted to them and it would be nice if we could inform the state of such abuses with success of a case.

          If there is no law or statute pertaining to this that would also be helpful information as there should be a repercussion of law enforcement abusing entrusted powers.
          Violation of the law that police officers are sworn to uphold gives them the power to stop people, arrest them, bring them to jail to be held for prosecution. The particular act need not be an "emergency:" stopping a person; who fits the description of someone who committed a crime, urinating in public, driving 10 miles over the speed limit, operating a house of prostitution, driving without seat belt, dealing drugs -- none of these constitute an "emergency." But an officer sworn to uphold the law is to enforce the law by citing for such infractions and where authorized, arrest.

          Absent probable cause, the Constitution guarantees one the right to be left alone by the police.

          Abuses can be dealt with from excessive use of force to unlawful arrest and detention with remedies at the federal and state level.

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          • #6
            Re: Police Power outside of Emergencies

            Originally posted by Friend In Court View Post
            Absent probable cause, the Constitution guarantees one the right to be left alone by the police.
            Not always, Terry v. Ohio and it's progenies settled that.

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