Howard Friedman's Answers

Howard Friedman
Boston Civil Rights Attorney.
Contributor Level 6

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Attorney answers:

  1. Howard Friedman

Civil rights

Asked by a user in Connell, WA - almost 4 years ago.

If police officers are stopping you without a reasonable suspicion that you are involved in crime or if they are stopping you due to your race they are violating your rights under the 4th amendment. Police officers can not "get you" for exercising youir constitutional rights. You should contact your local chapter of the ACLU they may be able to help you or to refer you to a lawyer who can help you.

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1

Attorney answers:

  1. Howard Friedman

Does a police officer have to give the reason of why they are arresting you?

Asked by a user in Quincy, WA - almost 3 years ago.

A police officer is not required as a matter of constitiutional law to give you the reason for an arrest. A police officer is required to have probable cause to make an arrest. The cause for the arrest is typically in the police report. A judge or clerk is supposed to review the paper work before issuing a criminal complaint to see that there is probable cause for bringing the criminal charge.

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Attorney answers:

  1. Howard Friedman

Civil rights against police abuse in WA state, elements to establish a claim against police department

Asked by a user in Bellingham, WA - almost 4 years ago.

To establish a constitutional claim of excessive force und the 4th amendment you must show that the police officer used unreasonable force. Factors to be considered include the nature of the crime, any resistance to the arrest, any effort to flee and the like. These cases depend on the facts. Having said that using a taser on a handcuffed prisoner could be excessive force. Being tased without a warning could also be excessive force unless the police had a reason to use force without a warning,...

4

Attorney answers:

  1. Robert Edward Nuddleman
  2. Stella Espinoza Browne
  3. Michael B Stone
  4. Howard Friedman

Superior court summons for PC 242

Asked by a user in Millbrae, CA - about 4 years ago.

You should consult with a lawyer. It appears that you have been charged with a criminal offense. It would be best if you had a lawyer who practices criminal law to advocate on your behalf. Do not ignore the issue, hire a lawyer to defend your interests.