"It seems as if the Department [of Justice] sees the value
of the Bill of Rights as no more than obstacles to be overcome."
-- Prof. Sanford H. Kadish
How to Make a Citizen's Arrest Against a Cop
Police abuse is a serious problem. It has a long history, and it seems to defy all attempts at eradication.
The problem is national -- no police department in the country is known to be completely free of misconduct -- but it must be fought locally. The nation's 19,000 law enforcement agencies are essentially independent. While some federal statutes that specify criminal penalties for willful violations of civil rights and conspiracies to violate civil rights, the United States Department of Justice has been insufficiently aggressive in prosecuting cases of police abuse.
What is an arrest?
We can thank Black's Law Dictionary for a good definition: "The apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime." See Ex parte Sherwood, (29 Tex. App. 334, 15 S.W. 812).
Why We Need a Citizens Posse
Research your state's laws concerning citizen's arrest. Use the Internet to search for your state's laws or visit your local law library. Gain a firm understanding of your state's laws.
Never file a complaint directly with a police agency e specially if the complaint is of a serious nature, see an attorney! If you do plan on hiring an attorney, get one who doesn't work in your area. Don't get a lawyer from your town, county or from the surrounding counties. Local lawyers work with same judges, prosecutors and police officers on a daily basis and may not want to win your case as bad as you do.
You may also contact your State Attorney General. For serious incidents call the ACLU hot line 1-877-634-5454 or contact the Department of Justice Click here for the (DOJ) site.
Here’s an ACLU step-by-step manual
When did America become a nation of frightened wimps?
Why are our civil liberties disappearing?
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