{"id":12560,"date":"2018-01-29T18:33:02","date_gmt":"2018-01-29T18:33:02","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=12560"},"modified":"2018-07-09T18:18:28","modified_gmt":"2018-07-09T18:18:28","slug":"color-of-law-crimes-officers-or-government-employees-exceeding-their-constitutional-limits-using-the-appearance-or-color-of-law-depriving-a-civilian-of-rights","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=12560","title":{"rendered":"Color of Law Crimes – abuse of authority by government employees:"},"content":{"rendered":"
\u00a0\u00a0\u00a0\u00a0 This page is continued from<\/span> Criminal Law Self-Help Walkthrough<\/a> >>>><\/span> Types of Crimes and Corresponding Laws<\/a>:<\/span><\/span><\/strong><\/div>\n
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\u00a0<\/strong><\/span>\u00a0 \u00a0 \u00a0 \u00a0“Color of law crimes” occur when officers<\/a> or government employees exceed their<\/span> Constitutional limits<\/a>\u00a0using the appearance\u00a0<\/em>or “color” of law: this includes enforcing<\/span> unconstitutional statutes, codes, ordinances, policies<\/a>, etc. \u00a0 Depriving a civilian of their rights\u00a0<\/span><\/strong>(including wrongful evictions, false arrests, & slander)<\/em><\/span>\u00a0<\/em>is a both a crime and a tort, and can be tried in both a <\/span>criminal<\/a>\u00a0and <\/em><\/span>civil proceeding<\/a>.<\/span><\/strong><\/span><\/div>\n
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color<\/span>:<\/span><\/span>
\n<\/strong>n<\/em>. (13c)<\/span><\/span><\/p>\n

1. Appearance, guise, or semblance; especially, the appearance of a legal claim to a right, authority, or office<\/strong> <color of title> <under color of state law>. [1]<\/span><\/p>\n

1. Mere semblance of a legal right.\u00a0<\/span> State ex rel. West v Des Moines<\/em>, 96 Iowa 521, 65 NW 818<\/span>.<\/span><\/strong> [2]<\/span><\/span><\/p>\n

1. An apparent legal right; a seeming legal right; the mere semblance of a legal right.\u00a0 Although they may also refer to activity by private persons, terms such as color of authority, color of law, and color of right generally refer to actions taken by a representative of government (EXAMPLES: a police officer; a civil servant; any public official) which are beyond the authority granted by the law to his position or office, but which appear <\/em>to be legal because of his official status.\u00a0 in many circumstances the government will be held responsible for such conduct even though it was unauthorized.\u00a0 if a deprivation of constitutional rights is involved, such conduct may also violate the Civil Rights Acts.<\/strong> [3]<\/span><\/p>\n

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color of law<\/span>:<\/span><\/strong><\/span>
\n<\/strong>(17c)<\/span><\/span><\/p>\n

1.<\/strong> The appearance or semblance, without the substance, of a legal right. \u00a0The term usually implies a misuse of power made possible because the wrongdoer is clothed with the authority of the state. \u00a0State action is synonymous with color of [state] law in the context of federal civil-rights statutes or criminal law. \u00a0<\/strong>See STATE ACTION. [1]
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1. Mere semblance of a legal right.\u00a0<\/span> State ex rel. West v Des Moines<\/em>, 96 Iowa 521, 65 NW 818<\/span>.<\/span><\/strong><\/span><\/p>\n

1. An apparent legal right.<\/strong> [3]<\/span><\/p>\n

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color of office<\/span>:<\/span><\/span>
\n<\/strong>(16c)<\/span><\/span><\/p>\n

1.<\/strong> The authority or power that is inherent in an office, especially a public office. \u00a0Acts taken under the color of an office are vested with, or appear to be vested with, the authority entrusted to that office. <\/strong>[1]<\/span><\/p>\n

1. An expression for acts performed by an officer which are entirely outside of or beyond the authority conferred by the office.\u00a0<\/span> Haffner v United States Fidelity & Guaranty Co<\/em>. 35 idaho 517, 207 P 716<\/span>; Wilson v Fowler<\/em>, 88 Md 601, 42 A 201<\/span>.<\/span><\/strong> [2]<\/span><\/span><\/p>\n

1. An expression for acts performed by an officer that are outside of the authority conferred by her office.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 Excerpt from Rollin M. Perkins & Ronald N. Boyce’s <\/span>Criminal Law<\/a>:<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201c<\/span>The starting point in the law. of bribery seems to have been when a judge, for doing his office or acting under color of his office, took a reward or fee from some person who had occasion to come before him, and apparently guilt attached only to the judge himself and not to the bribe-giver.<\/span>\u201d<\/span><\/strong> [4]<\/span><\/span><\/p>\n

color of authority<\/span>:<\/span><\/span><\/strong>
\n (16c)<\/span><\/span><\/p>\n

1. The appearance or presumption of authority sanctioning a public officer’s actions.\u00a0 *\u00a0 The authority derives from the officer’s apparent title to the office or from a writ<\/a> or other apparently valid process the officer bears.<\/strong> [1]<\/span><\/p>\n

1. Authority derived from an election or appointment, however irregular or informal, so that the incumbent is not a mere volunteer.<\/span>\u00a0 State ex rel. Brockmeier v Ely<\/em>, 16 ND 569, 113 NW 711<\/span>.<\/span><\/strong> [2]<\/span><\/span><\/p>\n

1. Authority derived from an<\/span> election<\/a> or appointment.<\/span><\/strong> <\/span>
\n \u00a0\u00a0\u00a0\u00a0 See authority<\/em>. [3]<\/span><\/p>\n

Various Types of Typical
\nColor of Law Crimes<\/span><\/strong><\/span>
\nand Corresponding Federal Laws:<\/span><\/strong><\/p>\n

Deprivation of rights under color of law\u00a0<\/b><\/a><\/span>18 U.S.C. \u00a7 242<\/span><\/a><\/b> \u2013 using a \u201cstatute\u201d, \u201cpolicy\u201d, \u201cordinance\u201d, or \u201ccode\u201d (etc.)\u00a0to violate a person\u2019s rights using the appearance <\/em>of law.<\/strong><\/span><\/p>\n

false arrest, false imprisonment<\/em><\/a><\/span> – restraint, arrest, and\/or imprisonment made without a valid warrant, or without probable cause to believe the person has committed a crime.<\/span><\/strong><\/span><\/p>\n

extortion<\/a> <\/strong><\/span>\u2013 the unlawful taking, by an officer,, by color of his office, of any money or thing of value not due to him, or taking more than is due, or taking it before it is due.<\/strong><\/span><\/span><\/p>\n