4 ms·

And in such a case, you can sue for harassment. The police can't routinely violate your rights just for the heck of it, they need to show a good-faith belief th

• dalore 7y ago
  From the article: > But the problem with that argument, the appeals court ruled, is that courts have long held that police cannot be on the hook for property damage caused in the process of trying to make an arrest.
  • pas 7y ago
    That was a rather different problem than directly harassing the unlawfully searched person. In that case it was incompetence, gross negligence, and so on. Naturally it's hard to prove in court that the court's enforcement arm is at fault. And at first the guy tried to sue for damages but that was thrown out - because it's so well established - but still that's the point that should be hammered.
  • hannasanarion 7y ago
    Police can be held responsible if the arrest itself was illegal, an attempt to harass instead of execute the law in good faith.
• thephyber 7y ago
  > And in such a case, you can sue for harassment. > they need to show a good-faith belief... That's not how being a plaintiff works, which is what is frustrating about this type of situation. They do some action which is legally questionable. You have to show standing and potentially damages to be able to bring the suit, then you have to prove that what they did was not a good faith belief that their actions were legal. The onus is on the person without the power with (typically) minimal resources.