Police Officer Jones Case Summary

Police Officer Jones was working a foot patrol shift during the evening hours in a high crime area at approximately 0200 hrs. He was approached by a civilian who informed him that she had been robbed in beaten by a male subject who was described as wearing a red shirt and white pants. The reporting party had a severe laceration to her head and lip, her shirt was soaked with blood. The reporting party described the suspect as wearing a ski mask and she was unable to determine the gender, sex, race or ethnicity of the alleged suspect. The only information that the reporting party was able to give Officer Jones was that the alleged suspect stole her wallet and was holding it when they fled the scene. The incident occurred just minutes prior to …show more content…
It is the duty of a police officer to thoroughly investigate all criminal activity that is reported to them to avoid culpable negligence. In this case officer Jones failed to get an accurate description and confirm that the story of the victim was substantiated. Each state requires police officers to attend certain amount of training so that they can properly perform their duties. Minnesota is a state that requires a certain number of Police Officers Standards and Training (POST) requirements to maintain their police officer license (Minnesota POST Board, 2015). Officers who violate Minnesota Post Board requirements can be subject to suspension or termination of their police officer license (Minnesota POST Board, 2015). In this case officer Jones would be subject to a Minnesota Post Board inquiry to determine if he had violated any Minnesota State Laws. Additionally, Officer Jones would be subject to Police Department policies and procedures that specifically address the responsibility of a police officer. Local police departments often have policies in place that address the responsibility of a police officer to receive, investigate, and confirm reported information (Blaine Police Department Policy, 2014 - Revised). If Officer Jones was determined to have failed to exercise due care, he would be subject to disciplinary action …show more content…
Although Officer Jones may have acted on what he believed, he is ultimately responsible for his actions, and in this case he shot a man for no apparent reason, other than he fit the description of an alleged suspect who was later determined to be non-existent. Under 42 U.S.C. § 1983, commonly referred to as "section 1983" provides: “Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress… (U.S. Constitution , 1992)”. Officer Jones could be in violation of the civil rights act of 1871, title 42, of the United States code, section 1983 that prohibits police officers from making false arrests (U.S. Constitution , 1992). The subject, who was shot by Officer Jones, could file charges and claim that his fourth amendment rights were violated. Since his actions caused potential death or great bodily harm upon another, he could be charged with second-degree assault (Minnesota State Statute, 2015). Minnesota state statutes specifically address justifiable use of force. In this particular