LD 15 Flashcards
Officer Responsibilities to Protect:
4th Amendment
5th Amendment
6th Amendment
14th Amendment
Civil Rights Statutes
4th Amendment:
Peace officers have a responsibility to protect 4th Amendment rights as it applies to unreasonable searches and seizures.
5th Amendment:
Peace officers have a responsibility to protect 5th Amendment rights as they pertain to double jeopardy, being a witness against one’s self, or depriving a person of life, liberty or property without due process.
6th Amendment:
Peace officers have a responsibility to protect 6th Amendment rights as it gives the right to a speedy trial, an opportunity to confront witnesses, and the right to counsel during court proceedings. (Right to an attorney)
14th Amendment:
Peace officers have a responsibility to protect 14th Amendment rights as it requires peace officers to apply the law equally to all people regardless of race, creed, nationality, religious preference, or national origin.
Civil Right Statutes:
If peace officers violate these statues, they can be held personally liable if, they act under the color of law, and deprive or deny someone a legal right to which they were entitled to.
However, if an officer was acting within the scope of their duties and reasonably believed their actions did not violate any federal statutory or constitutional rights, they may request qualified immunity (which protects the individual officer from being liable for damages resulting in actual constitutional violations)
Furthermore, peace officers can be processed criminally if they conspire with other persons to deprive individuals of their legal rights and be incarcerated.
Peace officers can be prosecuted criminally if they apply a law unevenly because of a person’s color, race, or the fact that the person is an alien.
In California, this includes acting against an individual, whether or not under the color of law, based on any of their individual characteristics.
Peace officers must protect the Civil Rights of all people as those rights pertain to the Federal Civil Rights Statues
