Answers (1)
improper use of force is illegal even to police officers, They cannot force you to sign a document, but if its a citation, then they can certainly issue one to you or even to your property. Say for example people using the constitutional driver excuse. Meaning you don't have to have a driver lisence to drive, and they will well understand that, but if your vehicle is not registered then they can well issue a citation to the vehicle itself with or without your signature, and if it get to a point they need to tow or confiscate assets and you get in the way of letting them do their job, then you are obstructing them and they can use force to move you. It highly depends on the situation, Care to elaborate?
There are different rules for fingerprinting depending on your age.
If you are 15 or older, the police officer can get your fingerprints if they believe on reasonable grounds that you committed an indictable offence, for example, shoplifting or assault.
If you are aged 15 to 17 the police officer must get a parent, guardian or an independent person (an adult) to be with you when they ask to get your fingerprints. This person must also be there if the police officer takes your fingerprints. The police must tape-record or video-record the fingerprinting if you are 17 or younger.
If you have a cognitive disability or mental illness the police officer must get an Independent Third Person to be with you when asking for or taking your fingerprints.
The police officer cannot take your fingerprints for minor summary offences such as jaywalking or littering.
If they are allowed to take your fingerprints, they can use force if you refuse to give them. Any force the police officer uses must be reasonable. It must not be too rough. Get legal advice if you are not happy with the way the police officer has treated you.
Thank you Snowburn you helped me, I do have a disability, If you have a cognitive disability or mental illness the police officer must get an Independent Third Person to be with you when asking for or taking your fingerprints. Who would the Third Person be, someone I know? or another police officer? Can you give a code so I can do some research please? I know they were to rough on me, they handcuffed me with the tightest they could and left bloody cuff scrapes and marks on my wrist.
Are we speaking about California Law?
I live in Stockton, California
An Independent Third Person is someone who can help you deal with and talk to the police if you have a cognitive disability or mental illness.
They can help you understand your rights and explain information to you. However, they do not make decisions for you and cannot give legal advice.
If the police do not get an Independent Third Person, the police officer should not use the information you gave them as evidence in court. However, sometimes the magistrate may let the police officer use the information.
Can you choose the Independent Third Person?
It is best to have an independent person who is not involved in your situation with the police. However, you can ask for a family member or a friend to be the Independent Third Person as long as they are 18 or over. The police can also get a trained Independent Third Person from the Office of the Public Advocate.
There is not one specific law that declares how much force can be used because the circumstances in which police encounter suspects are so variable.
Generally, in police excessive force cases, instead of suing with a personal injury claim, such as battery or infliction of emotional distress, plaintiffs sue in federal court using a Constitutional law claim. The claim is that an officer who hurts a suspect has committed an illegal seizure under the Fourth Amendment. Usually, people think of seizure as a situation when a possession has been taken away. But, in these police excessive force claims, it is dignity and health that have been taken away. The courts have specifically stated that “Where an excessive force claim arises in the context of an arrest or investigatory stop of a free citizen, it is most properly characterized as one invoking the protections of the Fourth Amendment, which guarantees citizens the right to be secure in their persons against unreasonable seizures of the person.”
When deciding whether the force was excessive, the courts look at three things:
1. how severe the crime was (because the police might need to be more forceful with a violent criminal)
2. whether the suspect is likely to still be dangerous (for example if it is expected that the suspect still has a weapon or if the suspect is loud or aggressive when the police arrive) and
3. whether the suspect is trying to fight with or get away from the police.
Although torts claims, such as battery, can result in financial awards from the court, constitutional claims can only result in changed behavior. So, in addition to claiming that rough police conduct violates their Fourth Amendment rights, victims also claim that the police conduct violated their civil rights. The federal civil rights statute is Section 1983 within Title 42 of the United States Code. Most people just call it “section 1983.” Under that statute, victims of excessive police force can collect reimbursement for their out-of-pocket costs including medical bills and lost wages and they can also collect punitive damages to make the police department suffer financial punishment for having an officer who hurt somebody.
The final major challenge in proving that police used excessive force is collecting the necessary evidence. To prove police brutality against one person, the ordinary array of proof such as witness testimony, medically documented physical injuries, and analysis of the officer’s weapons would be used to make the case. But, in class action lawsuits against police departments, it is necessary to prove patterns of police misconduct by showing who tends to get rough and when that has happened in the past. The ACLU recommends that litigants investigate how often police on that force fire their guns or use their clubs and that litigants then analyze that data to see whether particular officers use weapons more than others. They also suggest looking at the age and race of the officers who use their weapons the most compared to the races and other characteristics of their victims.
Is there a code where I can research this: If you have a cognitive disability or mental illness the police officer must get an Independent Third Person to be with you when asking for or taking your fingerprints?
I don't believe there is a said chapter/section for this to the best of my knowledge, but you can refer to the - Legal Aid’s ‘Fingerprints and body samples’ section , or simply look up "Legal Aid’s ‘Fingerprints and body samples’ section on google and it will provide you with information we discussed
I found out what I wanted concerning the disability I don`t fit that criteria. Thank you.
Do these laws apply to California?
Do I have a say so as to where I want my car towed? Off the top it`s over $200.00 plus $65.00 a day. I have lost my car. I don`t have that kind of money I get SSI.
Do Victorians law apply to California?
I found what I need, but is The Law Handbook – Victoria’s most trusted practical guide to the law since 1977, can I use this handbook for California?
I put my question wrong. My issue is I was arrested and went to the police holding cell. They took my drivers license and gave me a administrative per se suspension revocation order and temporary driver license. I refused to put my finger print on the form and they came into the cell and rough me up and took my finger print. Is that legal?