Location:80 E. Rio Salado Parkway, Suite 401, Tempe, AZ 85281 -
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Description:Law enforcement officers exist to protect and to serve the public. The police perform a vital function in our society. However, the police and other law enforcement officials are required to function within the law. Not only are the police to protect us from harm inflicted by others, but to also... moreLaw enforcement officers exist to protect and to serve the public. The police perform a vital function in our society. However, the police and other law enforcement officials are required to function within the law. Not only are the police to protect us from harm inflicted by others, but to also protect the rights guaranteed to us by the Constitution. If the police cause violations or fail to protect us from violations, the individual law enforcement officers and the public entity (states, counties, cities, towns, school districts, etc.) must be held accountable for the misconduct. The following describes your Federal and Arizona constitutional rights and your rights to obtain public information.
Federal Constitutional Rights
The United States Code Title 42, Section 1983, was created specifically to protect us from civil rights violations. The civil rights guaranteed by the United States Constitution include:
•Freedom of religion, speech, and assembly (first amendment);
•Protection against unreasonable searches and seizures (fourth amendment);
•Protection from forced testimony against ones self (fifth amendment);
•Safeguards against cruel and unusual punishment (eighth amendment);
•Due process and equal protection of the law (fourth amendment)
If a law enforcement officer intentionally deprives you of the rights guaranteed by the United States Constitution you may hold the law enforcement officer accountable in a court of law. If a law enforcement officer has intentionally violated one of your constitutional rights, the officer must compensate you for the violation and any injury resulting from the violation. 42 U.S.C. § 1983 also states that if the public entity has a policy, custom, or practice of violating constitutionally guaranteed civil rights, the public entity can be held accountable in a court of law. less
