Legal Question in Traffic Law in Washington
disabled drivers
Are there any federal laws dealing with police misconduct if guns and tasers are used at a traffic stop when a disabled person can not raise their hands or arms and wasn't charged of any offence or crime? Clearly marked Disability plates were on the vehicle.
5 Answers from Attorneys
Re: disabled drivers
Yes. The Fourth Amendment protects against unreasonable searches and seizures. Should an officer, under color of law, utilize excessive force on an individual they may have a civil action under 42 U.S.C. sec. 1983 for a deprivation of their rights.
The question is whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.
Best of luck.
Aaron
Re: disabled drivers
Yes. The Fourth Amendment protects against unreasonable searches and seizures. Should an officer, under color of law, utilize excessive force on an individual they may have a civil action under 42 U.S.C. sec. 1983 for a deprivation of their rights.
The question is whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.
Best of luck.
Aaron
Re: disabled drivers
Yes. The Fourth Amendment protects against unreasonable searches and seizures. Should an officer, under color of law, utilize excessive force on an individual they may have a civil action under 42 U.S.C. sec. 1983 for a deprivation of their rights.
The question is whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.
Best of luck.
Aaron
Re: disabled drivers
Yes. The Fourth Amendment protects against unreasonable searches and seizures. Should an officer, under color of law, utilize excessive force on an individual they may have a civil action under 42 U.S.C. sec. 1983 for a deprivation of their rights.
The question is whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.
Best of luck.
Aaron
Re: disabled drivers
Yes. The Fourth Amendment protects against unreasonable searches and seizures. Should an officer, under color of law, utilize excessive force on an individual they may have a civil action under 42 U.S.C. sec. 1983 for a deprivation of their rights.
The question is whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.
Best of luck.
Aaron
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