Getting arrested and prosecuted for a crime you did not commit can be traumatic. If this happens as a result of misconduct by law enforcement, you may have a claim for malicious prosecution.
Racial profiling is an increasingly common practice that does not always receive the proper attention or explanation it rightly deserves. It is important for people who are likely targets of racial profiling to understand exactly what the practice consists of, as well as to be informed about their rights under the law.
You may be familiar with seeing the comical side of slip-and-fall accidents on television and reading about them in books. But in real life, many people who slip-and-fall are not able to get up, go on with their planned activities and laugh about their accidents. Many fall accidents cause serious pain and injury to the victims and have long-term consequences.
There have been a lot of protests in New York City recently. Maybe you have already participated in some or are thinking about joining the next one. Whether you protest against police brutality, a decision by the President on immigration or something else, you should know your rights and what to do if things get ugly.
When a police officer arrests someone, there is an assumption there is probable cause to do so. However, numerous people are falsely arrested and imprisoned every year. According to an article from the New York Post, anywhere between two and five perfect of prisoners should not be in prison.
Racial profiling is a problem that is seemingly an epidemic in law enforcement agencies in New York and across the nation. In traffic stops, whether a driver may be breaking the law often seems to matter less to officers than the color of the driver's skin.
On the surface, it seems like a great idea for police officers in New York to wear body cameras, which would track their movements and behaviors and keep them accountable for abuses. That is in theory, at least. In practice, police officers do not always have their cameras on, and they can turn them on and off deliberately and with calculation.
American citizens are guaranteed certain rights within the United States Constitution. One of those rights is in the 4th Amendment, which protects citizens against unlawful searches and seizures.
One way that police abuses such as excessive force come to light is through videotape. However, you may be wondering if you could get in legal trouble for attempting to tape an encounter with a police officer.
One of the criteria of whether something counts as false arrest and/or false imprisonment is if the “suspect” in question felt free to leave at any time. Since false arrest has to do with unlawfully restraining someone’s freedom, something cannot be false arrest or false imprisonment if probable cause was present, or if the person was able to leave at any time and felt free to do so.