BlueSheepdog
10 Years Experience
Around the Way, FL
Male, 40
Cheating death and fighting communism: that is how a fellow officer once described our job. It was meant to be funny, but as time went on it seemed all too true.
I spent more than ten years in law enforcement, all of it on the street in uniform patrol. I've been a patrol officer, instructor, sergeant and lieutenant.
Do not report crimes here. Nothing here should be considered legal advice. All opinions are my own.
An interesting, but loaded, question.
The term "police brutality" is a subjective one that is likely to inflame the conversation. I'll presume that you are referring to the unlawful use of force, which is any time a police officer uses force - regardless of the perceived brutality - when it is not legally permissible.
Police officers are permitted to use that force which is reasonable during the performance of their duties. Many people do not understand what is reasonable because they do not have the training in, or understanding of, the dynamics of a violent encounter. I'd suggest looking at credible sources such as the Force Science Institute ( http://www.forcescience.org/ ) for a better understanding of the application of force. Anything you've seen in the movies is likely crap, by the way.
For a better understanding of when officers may use force, a review of the case law is an excellent starting point. Graham v. Connor [490 U.S. 386 (1989)] is typically cited as being the defining case regarding police use of force. Although the case clarified a number of issues, the court essentially said that things were pretty clearly stated in their earlier decision in Tennessee v. Garner [471 U.S. 1 (1985)]. Both cases offer remarkably insightful opinions, and they should be read in full. Summaries of the cases in Wikipedia and elsewhere fail to give the true scope and color of the opinions.
An additional problem with your question is the unstated assumption that there are frequent incidents of police officers unlawfully using force. I believe the premise is false, and every credible study on police use of force I have seen shows that officers are very hesitant to use force. In fact studies have shown that even when clearly justified, officers still are slow to use force.
Are there times when an officer unlawfully uses force and are not criminally prosecuted? Sure. There are a variety of reasons this may be true. For example, the unlawful use of force may be charged at the federal level if the officer was acting under "color of law," or at the state level for the charge of battery (or similar). Just like any other case, the prosecution must be able to prove beyond a reasonable doubt that the accused officer committed the crime and that he or she intended to commit the crime (mens rea). Lacking the ability to prove those things, the prosecution will not proceed.
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Call your local police department and ask for their assistance. They will know what to do.
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I would highly recommend contacting the state attorney general's office and the BATFE for information on the related state and federal laws.
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Ok.
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No. A police officer may not forcibly detain someone without reasonable suspicion of an illegal act.
Your example would be akin to police officers stopping someone because they had a Big Mac and you believe fast food isn't healthy. Police officers have enough to do just enforcing criminal laws. They should not play nanny too.
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It depends on the circumstances. For example, if police received a 911 call from a building and the doorman tried to block the officers' entry, he would be arrested for obstruction.
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No idea.
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