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ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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Name some of the legal restraints on police action

Resolved Question:

Name some of the legal restraints on police action
Submitted: 8 years ago.
Category: Legal
Expert:  ScottyMacEsq replied 8 years ago.
The fourth amendment protects against unreasonable searches and seizures. It requires that there be probable cause to arrest and search, and sometimes requires a warrant (depending on the situation). There is also the Miranda warning, which police say when they arrest someone (otherwise anything that person says will not be admissible in a court of law). There are also civil laws that make it possible to sue police if they go too far. 42 USC 1983 is a federal statute that allows for civil remedies for violations of civil rights. Also many courts require, as rules of evidence and procedure, that the police show a chain of custody with evidence. And the law makes it that if someone requests an attorney, then the police cannot continue questioning that person until they grant an attorney or the person knowingly waives his right. We also have rights that allow us reasonable bail and a quick trial.

Behaviors that would be considered abuse would be searching and/or seizing (arrest) without probable cause, planting evidence, fabricating witnesses, questioning a suspect for hours and hours at a time without a break, without letting the suspect know his/her right to an attorney, and arbitrary and/or discriminatory behavior .

I hope this helps. Good luck to you!
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