A plaintiff in a civil cause of action must generally show three things to establish a strict liability offense. The first is that a defendant, which can be a person or a company, did something that was inherently dangerous and unreasonable under the circumstances. The plaintiff must then show that the inherently dangerous act caused something bad to happen to the plaintiff. Finally, the plaintiff must show they actually suffered harm as a result of their injury. If a plaintiff cannot show an actual harm, such as a physical injury, they may not be able to make their strict liability
On Monday, 11/30/2015 at approximately 1755 hours, Officer Lauritzen and I responded to intersection of Holt Blvd and Plum Avenue to assist Sergeant Ortiz to subdue a suspect who was fighting him. Upon arrival, I saw other OPD officers trying to handcuff the suspect, later identified as Kevin Larry. Larry was on his stomach and he was yelling that he did not do anything. Larry was resisting arrest by turning his hip side to side and was trying to pull his hands to the front of his body. Larry was grabbing our handcuffs and he was not letting them go after being told to let go. We told Larry to not resist arrest and stop fighting. He refused and we forcefully pulled his hands from his sides and placed them behind him. We handcuffed him and he
On September 27, 2016 an African American man was shot and killed by El Cajon police. A woman whose is sister of the man who was shot called the police indicating her brother was “not acting himself”. The man whose name Is Alfred Olango was walking into traffic in the 800 block Broadway before police officers found him behind a restaurant around 2:11pm. Olango ignored the instructions from the police officers multiple times, then [quote] “concealed his hand in his pant pocket,” Davis said [end of quote]. Olango would pace back and forth then [quote] “rapidly drew an object from his front pants pockets, placed both hands together on it and extended it rapidly toward one officer, taking what appeared to be a shooting stance,” the chief said [end
According to Swanson et, al. (2014), “If an investigator/officer is lawfully in a place and sees contraband or evidence in plain view, the investigator may seize the evidence, and it will be admissible” (Swanson et, al. 2014, p.32). Her reaction to the circumstances were justified because she saw what could possibly be contraband and a firearm on a speeding suspect on an area of criminal activity. She was proceeding with the law on her side and the situation described that the area in Downtown Center City was victim of violent incidents, criminal activity was present because the suspect was speeding. Automatically Quintana becomes a suspect in the eyes of officer Bird leading to his arrest. As mentioned in the book there are three main components for arrest: “Ingredients of arrest: Intention, authority and custody (Swanson et, al. 2014, p.21) Officer Bird made the right decision because she had all the three ingredients to make the arrest of the individual in
While patrolling down a street, the officer is sees an individual who keeps looking back at him so the officer decides to stop and talk to the individual. At this point the officer asks the individual if they have identification on them. The individual says no but tells the officer that he will give his name and that he is currently out on bond for armed robbery. At this point the officer has went through two steps of use-of-force continuum—first officer uses his presence by talking to the individual ad using verbalization in a nonthreatening way. In response, the officer tells the individual that he wants to pat the suspect down since the person is out on bond. The suspect decides to run off which causes the officer to run in pursuit. The officer loses the suspect but notices a house that standing on cinderblocks. The officer notices someone under the house and tells the individuals to come out from under the house. The cop places the individual under arrest using empty-hand-control. The officer calls in for backup to get a drug dog to search under the house where there were drugs
A short time later Officer Parker #52 and Officer Stirrat #50 arrived at my location. After both officers arrived I took the handcuffs off of Duffy. I informed Duffy that I was investigating a person shooting a firearm. Duffy then made the
In numberless events where a law enforcement officer is accused of acting violent against an innocent suspect, the officer is accused of using a weapon, either lethal or nonlethal. An officer’s code of conduct/ethics is normally the determining factor for an officer when deciding how to react to a situation. Although the majority of people believe that all officers have the same codes of conduct/ethics, countless departments set their own in place (Dwyer 1). The majority of the departments have a separate code of conduct/ethics than what the officers learned in the academy.
Reaction Officer P. Peteke was responding to an alarm activation at a commercial property. When the officer arrived at the property, the client informed the officer that two male had just stolen her purse and have run away. The officer proceeded to drive towards the direction which the suspect fled, He then parked the ADT response vehicle on the side and approached the suspect. The suspect then tried to disarm him the company by cycling his firearm and shot the reaction officer on his left arm. The officer withdrew the company firearm and pointed at the suspect ordering him to drop his firearm, which the suspect did what was instructed. The officer sustained a gun shot wound on his left hand
The Tulsa County Sheriff’s Office has been in the news lately for some serious accusations. They have engaged in unethical and criminal behavior throughout the years and the information about this department is coming to the forefront for the world to see. On April 2, 2015 during a sting operation of an undercover drug and gun buy, the suspect known as Eric Harris was shot by Robert Bates 73- year old volunteer reserve deputy with Tulsa County Sheriff’s Office. The suspect Eric was on PCP at the time and he took off running. Bates says he mistakenly pulled his gun instead of his taser during the pursuit. The news released a video of the shooting and what happened directly after Bates had shot Eric. The two deputies (Joseph Byars and Michael
He pulled over a black SUV that was just reported stolen however it was the wrong vehicle and his partner told him it wasn’t the vehicle they were looking for. When Officer John Ryan seen that it was a black couple he pulled them over. Officer John Rayan had the couple get out of the car after the black female would not stop yelling at him. As he went to search the female he did it in such a way that it was degrading not only because she was black but because of her being a female. During this time her husband just stood and watched because he was too afraid to say anything because of him being a black man with two white cops. He thought if he said anything they would get into a lot more trouble. Also this involves sexism. It involves sexism because the white cop felt that he was more superior to the black women. Sexism is when a person feels that they have more power over someone of a different sex (Schaefer,
Officer Derick Wiley was first to arrive on the scene, around 7pm; when he ordered Lyndo out of his the truck, Lyndo Jones tyred voluntarily removing himself from his truck, When the officer shot Mr. Jones in the lower abdomen. After the first shot was fired and injured Lyndo Jones took off running attempting to protect himself when more police (backup) arrived to the location.
Jelani Cobb, was the correspondent who observed how bad the Newark police gang unit behaved. He went on several rides along and saw that many of these officers were stopping and pulling over every minority possible, without probable cause. One man in particular, was harassed by the unit when approached by the gang unit to check if he had a gun. Officer Wilberto Ruiz puts cuffs and was harassing the civilian about possibly having a gun in his pocket. He was yelling at the man while they took him down and he was not willing to listen to what the young man had to say. They searched him, but no weapons, drugs or other incriminating evidence was found. However, the man that was walking near him had a gun. The police kept assuming these two men were acquaintances or friends, however they were not. Jelani Cobb was so dismayed by what he saw that he went to meet with their Sergeant and asked if this was a good stop. The Sergeant states, “by prescription only that would look like a bad stop.” From a civilian perspective, the stop would look unconstitutional, however the Sergeant would see it as differently. The sergeant’s ethical dilemma
Civil law deals with no criminal matters. It allows an individual to sue other people
Violation of Miranda Warning application. The new police officer violated the core application of Miranda warning and this raises question of incompetence within his line of duty. As a police officer it is clear that one of the two instances to administer a Miranda warning should be only when the suspect is being placed under police custody (Legal, n.d). Yes, the suspect was in a crime scene so if there was any attempt to put him under police custody then the Miranda warning should have been administered to the suspect.
A police record check which confirms you have not been convicted of any criminal offences for which you have not received a pardon or any criminal charges and/or any convictions or charges for provincial offences which may exclude you from a position of trust, depending on the circumstances. The police record check must be provided to the Company within the first thirty (30) days of