1st Amendment Rights
The 1st Amendment to the U.S. Constitution guarantees the freedoms that many consider to be the essence of America.
Explanation: The freedoms guaranteed in the 1st Amendment are sometimes referred to as our fundamental freedoms. They are some of the most valued freedoms that Americans possess.
Congress cannot “establish” a religion for the United States. This protects us from Congress creating a State religion that all Americans must follow. The 1st Amendment also protects our “free exercise” of religion, and makes sure that Congress cannot tell us to pray, go to church, or what church to belong to.
Speech has been defined over time to mean both spoken and symbolic speech.
Press is the freedom of the press to print what it likes, without government interference.
Assembly is the right to gather freely, in meetings, demonstrations, and protests.
Petition is the power of the people to appeal to their government, to ask them to fix any perceived wrongs.
4th Amendment Rights
The 4th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure. This means that law enforcement agents need probable cause, and a warrant in most cases, to search your person or belongings. If there is no probable cause and you are searched illegally, any evidence collected from the search will be excluded from evidence at trial. This has come to be called the Exclusionary Rule
Explanation: The 4th Amendment protects our right to be free from illegal search and seizure, and establishes that the government can search our property or person ONLY upon probable cause (the reasonable expectation, based on evidence, that someone has perpetrated an illegal act) and with a search warrant, that specifically states the location and person to be searched, and what the government is looking for.
14th Amendment Rights
The 14th Amendment to the U.S. Constitution "…(is)…one of a series of constitutional provisions having a common purpose, namely to secure to a recently emancipated race, which had been held in slavery through many generations, all the civil rights that the superior race enjoy." (Strauder v. West Virginia)
The federal courts have interpreted and applied the 14thAmendment’s “due process” and “equal protection” clauses to the states in a variety of situations. This protects citizens because it limits the ability of the states to ignore the rights and liberties implied by the Constitution’s Bill of Rights.
Due Process Clause
“nor shall any State deprive any person of life, liberty, or property, without due process of law“
The Supreme Court has held that the due process clause of the 14th Amendment means the states must apply the Bill of Rights.
This process of making the Bill of Rights binding on the states is called incorporation.
Equal Protection Clause
“nor deny any person within its jurisdiction equal protection of the laws“
The Supreme Court has determined that this clause extends to both the state and national governments.
The equal protection clause has been interpreted to mean that all people have a right to equal protection under the Constitution.
For example, the equal protection clause has been applied to ensure that women have the same protections as men, or that minorities have the same protections as whites.
Title 18, U.S.C., Section 249 - Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act
Title 18, U.S.C., Section 241 - Conspiracy Against Rights
Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law
Title 18, U.S.C., Section 245 - Federally Protected Activities
Title 18, U.S.C., Section 247 - Church Arson Prevention Act of 1996
Title 18, U.S.C., Section 248 - Freedom of Access to Clinic Entrances (FACE) Act
Title 18, U.S.C., Section 844(h) - Federal Explosives Control Statute
Title 42, U.S.C., Section 3631 - Criminal Interference with Right to Fair Housing
Title 42, U.S.C., Section 14141 - Pattern and Practice
ENFORCING THE RIGHTS OF ALL:
The FBI and Department of Justice Civil Rights Division
The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.
Most cases involve crimes that fall into five broad areas:
Excessive force;
Sexual assaults;
False arrest and fabrication of evidence;
Deprivation of property; and
Failure to keep from harm.
Excessive force:
In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.”
Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.
False arrest and fabrication of evidence:
The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.
Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.
The Fourteenth Amendment secures the right to due process;
the Eighth Amendment prohibits the use of cruel and unusual punishment.
During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
Failure to keep from harm:
The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.
Filing a Complaint
To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:
All identifying information for the victim(s);
As much identifying information as possible for the subject(s), including position, rank, and agency employed;
Date and time of incident;
Location of incident;
Names, addresses, and telephone numbers of any witness(es);
A complete chronology of events; and
Any report numbers and charges with respect to the incident.
You may also contact the United States Attorney’s Office in your district or send a written complaint to:
Assistant Attorney General
Civil Rights Division
Criminal Section
950 Pennsylvania Avenue, Northwest
Washington, DC 20530
FBI investigations vary in length.
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