Police assault and false arrest (under color of authority)

[Prisoner_Number_Six]

RE the guy photographing the cop- IS there a genuine law for them to cite upon arrest? I personally don't think it exists, but it would be nice to know if it does. (I know it would be local to the city where it happened, but still...)

This is an interesting read for those who may be involved in such things. Although the cited case has to do with a policeman raping and threatening a woman, the charges of false arrest and assault under color of authority may well apply to other scenarios, such as cops lying about nonexistent laws, etc.

It's the concept of police assault under color of authority that holds my interest, NOT the specific case quoted here. If everyone would file charges citing this concept, it may just be possible to slap this annoying little cop ego thing down over time.

Sample Trial Brief—Police Misconduct—18 U.S.C. § 242

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title8/cvr00138.htm

(Please note that at one point the Fourth Amendment is quoted as being germane to the case...)

"The Fourth Amendment to the Constitution guarantees to every person the right to be free from unreasonable seizures by persons acting under color of law. "(A)ll claims that law enforcement officers have used excessive force--deadly or not--in the course of an arrest, investigatory stop, or other 'seizure' of a free citizen should be analyzed under the Fourth Amendment and its 'reasonableness' standard...." Graham v. Connor, 109 S.Ct. 1865, 1871 (1989). The use of excessive force by a police officer constitutes an unreasonable seizure. Id."

[pleah]

1. K&R n/t