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Police Brutality Questions

Police brutality is the act of using excessive force against a civilian by a police officer when the civilian is not creating or posing any type of threat. Police brutality violates the Fifth and Fourteenth Amendments of the United States Constitution. Examples of police brutality would be a police officer beating a person with his baton when the person is not provoking such force, kicking, punching, slapping or slamming a person who is not resisting arrest. Below are a few of the more commonly asked questions about police brutality that have been answered by Experts.

What is police brutality and misconduct?

Police are allowed to use force to arrest a suspect. If a person resists arrest and excessive force is necessary to make the arrest or to protect onlookers, the excessive force is generally allowed. However, if a person doesn't resist arrest, or if the police used excessive tactics that were not necessary to make the arrest, the person would have reason to file for police brutality and misconduct. A person could possibly file charges for assault and battery against the police.

How do we go about filing a suit for police brutality?

The first step would be to contact Internal Affairs in the police department where the police in question are employed. You will need to file a report with Internal Affairs and they will conduct an investigation.

The next step would be to hire a Civil Rights attorney who can file a claim against the police. Once this is done, you can file a lawsuit.

I'm a victim of police brutality. I was slammed to the ground after eye witnesses told the police I was innocent, and then arrested for aggravated battery. What can I do?

Usually, a victim should file a complaint through Internal Affairs at the precinct where the officer is employed. The sooner the complaint is filed, the sooner the officer(s) in question can be investigated. As far as the rest of the allegation, that is aggravated battery.

Before the victim can attempt to sue the police department, the criminal case will have to end in order for the victim to have a full account of his/her damages. The victim/defendant cannot accept any form of plea agreement on the criminal matter, doing so would hurt their civil case if they plan to pursue it.

The victim needs to contact an attorney and discuss both situations with the attorney. After reviewing the information, the attorney will have an idea of how to approach both situations. At this time, the victim will have to decide whether to sue for the police brutality and face a possible conviction for the criminal charges or not sue and attempt working towards a plea deal. The attorney can determine how strong the criminal charges are against the victim/defendant and how strong the victim's case against the police officer(s) is before making the choice.

If I had a case against the police for police brutality while being arrested in 2007 in Minnesota, how long do I have to go after them?

Minnesota Statute of Limitations is 2 years: Section 1983 Civil Rights claim and a claim for injury to a person based on intentional misconduct. However, a person planning on suing generally has to file a notice of claim when dealing with a government agency or municipality. Filing a notice will let the government agency or municipality of the potential Litigation against them. Generally, a notice of claim should be filed within the first 6 months so it is important to contact an attorney to assist you in the matter soon. It is very possible to be barred from filing a lawsuit if you fail to file the notice.

In this situation, it appears that the statute of limitations has passed. However, you should consult with an attorney to see if there is anything whatsoever that can be done in your case. In general, the statute of limitations is short for police brutality.

Can I sue the police for police brutality after they busted my door down and searched my home?

If the police busted your door down but didn't injure you, you couldn't claim police brutality. However, if the police searched your home without a warrant, you could file suit against them after the criminal case has ended. You could file suit for violation of your civil rights and for searching your home without a proper warrant in violation of the Fourth Amendment right to be free from unreasonable search. Suing the police for police brutality could only occur if the police actually injured you.

Being a victim of police brutality can be an emotional nightmare. The physical abuse along is painful, but add the mental anguish that accompanies brutal acts of violence and the results can be crippling. If you are a victim of police brutality and don't know who to turn to, or you have questions regarding police brutality, you should ask an Expert for assistance and guidance.
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Recent Police Brutality Questions

  • MULTIPLE CHOICE All of the following law enforcement agencies

    MULTIPLE CHOICE
    All of the following law enforcement agencies fall under the Department of Interior EXCEPT:
    Answer

    the U.S. Forest Service.

    the National Park Service.

    the Fish and Wildlife Service.

    the Bureau of Land Management.
    The United States became a member of Interpol in __________, which is a worldwide organization established for the development of cooperation among nations regarding common police problems.
    Answer

    1938

    1998

    1908

    2008
    Out of the 50 states in the nation, how many have a primary state law enforcement agency?
    Answer

    12

    49

    50

    5
    The Department of Justice is under the control of the U.S. Attorney General and is responsible for all of the following EXCEPT:
    Answer

    representing the government when it is involved in court action.

    maintaining a hierarchy over the Department of the Interior.

    conducting independent investigations through its law enforcement services.

    enforcing all federal laws.
    In the early days of policing in England, the watchmen in a 'watch and ward' had three major duties that included all of the following EXCEPT:
    Answer

    patrolling the streets from dusk until dawn.

    enforcing criminal law.

    lighting street lamps, clearing the streets and putting out fires.

    patrolling the streets from dawn until dusk.
    The total number of criminal justice system employees in the nation grew __________% between 1982 and the latest reported year.
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    76

    96

    86

    46
    The __________ could be considered the first civil police force designed to protect citizens.
    Answer

    Thief-takers

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    On average, about __________ of females work in local police departments and sheriff's offices.
    Answer

    88.7%

    10.2%

    2.7%

    11.3%
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    96%

    50%

    5%

    23%
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    civil administration.

    legality.

    war.

    use of force.
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    21st

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    1-2 years

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    The __________ created a civil service system for federal employees in 1883, following the assassination of President Garfield.
    Answer

    Waverly Act

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    An important managerial concept in police organizations includes:
    Answer

    the ability to delegate responsibility and authority.

    training police cadets.

    keeping career opportunities more traditional and less in line with the changing society.

    working as a reserve officer.
    The position of the Patrol Sergeant falls under the __________ in the chain of command from Chief to Patrol officer.
    Answer

    Patrol lieutenant

    Operations Captain

    Chief of Police

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    The __________ is the smallest geographical area that a single patrol unit can patrol effectively.
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    precinct

    beat

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    Which of the following is NOT a standard in the police selection process?
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    Age requirements

    Prior drug use

    Education requirements

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    The largest amount of police activity occurs on the __________ ; therefore the majority of officers are assigned to it.
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    morning tour

    evening tour

    overnight tour

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    The __________ is the effort of law enforcement to attract the best people to apply for police positions.
    Answer

    civilianization process

    incentive process

    job analysis

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    About __________ of departments operate their own academies.
    Answer

    4%

    3%

    8%

    50%



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    investigation.

    arrests.

    discipline.

    termination.
    The __________ U. S. Supreme Court case ended the use of the fleeing felon rule.
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    Terry v. Ohio

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    Fleeing Felon Doctrine

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    sleeping on duty.

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    Training and supervision

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    Organizational culture
  • It August 2013. I was two months away of my 74birthdate. I

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