America faces with the large-scale unrest and riots against the police. The reason for this was the death of the African-American George Floyd during detention. Now the police tries to restore order throughout the country. But it is not so easy, because the police have to observe a number of rules – even in an emergency, the servants of the law no one is allowed to break the law. So what are the rules of the American police forced to observe – try to understand.
Despite the common stereotype that in America police often violate the law and can, if desired, to fire even the thieves of little things in the transition, the reality is somewhat different.
the American police really are often caught in scandals – and the reason is not only that some of them tend to constantly break the rules.
first and foremost, on a number of scandalous stories affect permission for the free video of everything that police do. This right is guaranteed by the First amendment to the U.S. Constitution.
And the record may be prepared by the man himself, which is delayed and anybody from passers-by. The only rule: the shot must be open. A COP has no right to demand the cessation of shooting or in person to prevent the person who takes these cases separately, and for such violations the police can expect serious sanctions, including dismissal.
by the Way, the video started the current riots is the footage of Derek Showin strangles African American George Floyd became the reason for people’s anger. Criminal, even a COP couldn’t require removing to turn off the camera, that is significant.
in Addition to the First amendment, there are several wonderful rules in the us Constitution, who oppose police brutality. For example, the Fourth amendment, which guarantees every citizen the right to avoid illegal searches and seizures. In America, there is a tricky form – the police must respect the rights, but is not obliged to inform about them.
for Example, when the guard busily climbs into the car to search, it is as if inadvertently asked: “may I?”. Sounds like a rhetorical question, but it is an important formal procedure – if the owner of the car say “No!” the police are obliged to stop and to stop the search. Otherwise he’ll be in big trouble. Especially if this whole process is shot on video.
Similar rules apply to housing: it is also impossible to search without the permission of the owner. The only exception in that and in other case – if the police have a search warrant. But getting it – it is nprostoe, so in most cases, police rely on legal literacy of Americans.
But the rules described in the Fifth amendment known to everyone – primarily due to the fact that they are popularized by Hollywood.
“You have the right to remain silent, the right to one phone call and a lawyer. Everything you say can be used against you,” the well-established formulation, which is found almost in every action movie mediocre. But in reality, all these rules apply.
the Truth is details: for example, the police legally have no right to listen to calls of a suspect to counsel, but if the conversation is with family members, such restrictions are no longer applicable.
Police are obliged to respect those rights – they do not have the opportunity to interview at the unwillingness of the detainee: even if they manage to produce compelling evidence of his guilt at this time, they will be considered illegal, and the court will refuse to consider them.
Well and the most interesting – when the police can still use firearms?
first, if the offender resists arrest. By the way, just the fact that the accused is trying to push or get into fights is not enough – it needs to be a REAL hazard to the life guards.
otherwise, the police have the right to use a baton to restrain the suspect, but the use of lethal weapons would be qualified as abuse of authority.
However, there is a small loophole – the police can shoot to kill, in that case, if the Minister is of the order truly BELIEVES that his life is in danger. This creates some space.
second, the U.S. can shoot to kill if the suspect starts to run away. However, here too there are subtleties: for example, shooting to kill is justified only if the fleeing offender has committed a serious crime, in any contrary case, the police “strongly advised” to keep weapons holstered.
in addition, even against the suspect in a serious crime, a police officer shall use all measures to prevent use of weapons. Open fire guards can only if he’s already shouted runaway, he begins to shoot.
the Main thing you need to remember is that in the US there is case law. That is, each specific case involving police abuse will be considered based on previous cases and verdicts on them. In such a situation to guard our own peril to commit illegal actions. Moreover, a serious offence the police may cause mass protests and even riots – such as those that currently pass across ameri��e due to illegal killing of a person.
meanwhile applied against George Floyd a rear naked choke, putting his knee on his neck, Derek Showin arrested. He was charged with the murder of the third degree – manslaughter murder in connection with the use of force. According to the laws of Minnesota, the penalty for this can be up to 25 years of imprisonment. In respect of three police officers involved in the tragic ending the detention of African-Americans as the investigation continues. Hennepin County attorney Mike Freeman said he expects charges, without specifying which ones. U.S. attorney General William Barr stated that the Ministry of justice and the FBI conducted their own investigation into the incident to establish, was not violated Federal civil rights laws.