If a taser or stun gun is used in an excessive manner against someone, then that person would have a civil rights violation claim. In order to prove such a violation, it would have to be shown that the officer’s use of the taser or stun gun was not justified under the circumstances. Ordinarily, police officers can only use the amount of force that is reasonably necessary under the circumstances. Where an officer uses a Taser or stuns gun in a situation where only re-direction or minimal hands-on contact may be justified a violation of a person’s 4th amendment rights against unlawful seizure may occur.
What Is A False Arrest? Is It The Same As Being Detained With No Charges Filed?
A false arrest occurs when someone is arrested, taken into custody, and ultimately released without charges being filed. A false arrest can also occur when charges are filed, but ultimately fought and dismissed. Under extreme circumstances, a person will have to stay in custody during that period of time, which would be different than detention with a release. Detention occurs when there is some form of initial contact between an officer and an individual. Many people are taken into custody and provided with a document that says they were detained rather than arrested; this, however, is a misnomer because the reality is that if a person is taken into custody, then they’ve been arrested.
The same body of law applies to arrests and detentions, and the same remedies are available, but detention is something that technically precedes an arrest. However, it is a misnomer because the reality is that if a person is taken into custody, then they’ve been arrested. It may be termed a “detention” on your law enforcement record though in limited circumstances, such as the officer releasing you after deciding there is not sufficient evidence to pursue charges
How Long Can Police Hold Me Without Pressing Charges?
Under California law, there is a provision that a person must be taken before a judge within 48 hours of an arrest, but it’s not unusual for police to extend that timeframe. For example, they will pick someone up on a Thursday and the individual won’t have an arraignment until Monday due to the weekend. An individual might be held in custody even longer than four days before charges are filed, but the timeframes are so short that it’s very difficult to remedy situations where the timeframes are exceeded. For example, someone might be held in jail and scheduled to have their arraignment on Monday but won’t end up having it until Tuesday, and there will be no time for anyone to communicate with anyone or to have them released the following day. That being said, if someone is arrested, it makes sense to contact an attorney who might be able to write a letter and talk to the sergeant at the jail to notify them that someone is being held in custody because this will often result in a release.
Is It Lawful For An Officer To Stop And Question Me At Any Time And Place If They Suspect I Am Involved In A Crime?
A consensual encounter is when a police officer approaches someone and sparks up a conversation with them, and there are not many limits to this. The first level of justification for an officer to have contact with an individual is some sort of suspicious conduct. If an officer approaches someone and asks for their name and driver’s license and that person answers or provides their license they may be permitting the officer to engage in a consensual encounter. However, sometimes taking a person could be construed as detention. For example, if the person showed any resistance and the officer insists, that level of coercion could turn a consensual encounter into detention.
Under such circumstances, it is important to carefully consider the officer’s conduct. For example, a simple thing like an officer blocking someone’s way and preventing them from continuing to walk forward would not be a consensual encounter—it would be a situation where an officer has impeded the person from continuing on their way and should be construed as detention. So, while an officer is allowed to strike up a conversation with someone at any time and in any location, that person is not obligated to cooperate with that process, and if the officer forces that cooperation in any way, then it would no longer be a consensual encounter, but detention.
For more information on Taser & Stun Gun Abuse In California, a consultation is your next best step. Get the information and legal answers you are seeking by calling (925) 900-5330 today.
