Police Codes
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Shouldn't all policemen know basic law and police codes ?
Before swearing in as a police officer.Is a police ignorance to the law any excuse to abuse thier authority ?
One of the cops in the news conference try to explain disorderly conduct as a vague law.
They should and we are lead to believe that they do. Which means either they are ignorant of the law or the ignore the law. Either way, both versions should make them unqualified to serve. If, say an officer is mostly dealing with traffic, should he not know all the laws and codes that pertain to what he is doing? The supreme court just handed down another decision in April that states that an officer cannot search a vehicle (for his own safety) if the owner/driver is not in immediate control of said vehicle. Where is his safety issue if you are on the side of the road, handcuffed, of in the squad car? Any search not pertaining to a lawful arrest is illegal, if you refuse it. And appellate courts all over the country have stated repeatedly that traffic violations are not a jailable offense. That being said, the cops know what the law says, and they are breaking the law every day. If they take you into custody, they are required to take you directly to a magistrate before any booking, pictures or fingerprints are taken. This is to decide if the arrest was lawful or not. If they take you to jail, they can be sued for false arrest (kidnapping).
Understanding The Police Powers When Your Arrested
The police powers when arrested are in place for a reason, a good reason at that. To keep our communities safe, the police force need to be able to remove and detain anyone that may pose a threat or that has committed a crime. The police can stop, search and arrest any member of the public that may be in the process of committing or that has just committed a crime.
The police don't even need to know that you have or are going to commit a crime; all that suffices is that they have reasonable grounds for believing that you may or may be in the process of breaking certain laws. In some circumstances a court order or warrant can be obtained for the arrest of somebody - often more serious crimes.
There are other reasons why a police officer may find it necessary to arrest somebody even if they have not necessarily committed any crime. If they are a possible threat to themselves then they can be arrested as well as if they are posing a danger to the public. You can also be arrested for not providing your name or giving false details about yourself such as a wrong address or intention.
Before being arrested the police must caution you if it is a safe option and tell you the reason for your arrest upon making the arrest. They can only use a reasonable level of force to detain a suspect and should never use excessive force so that extra harm is caused. The police must then take you to the police station, unless they have to retrace lost property, and this should be done as soon as possible.
Police powers when arrested are always kept in balance with the rights of the detainee. This is because they are not yet found guilty of a crime. They must allow you to inform someone of your arrest and also provide you with free legal advice. You may also browse through the police codes of practice. You are allowed to ask for any of these rights at any stage and you are entitled to a copy of the custodial record as well.
The police can hold a suspect for 24 hours unless a delay is granted. This can be either by a superintendent who can increase this by 12 hours or a magistrate who can do so to the extent of 96 hours. The police must charge you within their allowed time or else they must release you.
Police powers when arrested are not necessarily powers but more decisions. Once an arrest has been made, a charge must be made within 24 hours. If this does not happen then this time must be extended by appropriate personnel or the suspect must be released. Police officers can request you remain in the country whilst their investigations are continuing. Police powers when arrested are there to protect the public whilst not infringing the rights of the suspect.
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