Police in Hammond, Indiana, are the subject of federal lawsuit alleging officers broke a window, used a Taser on a passenger, and terrifed a car full of civilians, including two young children.

On September 24, Lisa Mahone and her boyfriend Jamal Jones were on their way to visit Mahone’s mother in the hospital when Hammond police officers pulled them over for a “routine seat belt violation,” according to the Chicago Tribune. What followed is a matter of contention, but a federal lawsuit accuses Hammond police of using excessive force and battery.

What’s the story with this Hammond traffic stop, which was caught on cell phone video?

The video shot by 14-year-old Joseph Ivy, who was sitting in the car’s backseat, appears to show police berating passenger Jones for his identification.

According to the Tribune, officers say they believed Jones may have been reaching for a weapon – though there were no weapons found in Mahone’s vehicle or on Jones.

Do You Have to Show ID?

If you’re a passenger in a car, you are not legally required to carry ID. Drivers like Mahone would be required to show officers a driver’s license (as she did), but Jones would not be required to produce a photo ID.

Federal Lawsuit Filed

Officers are often given extreme deference when they feel threatened. For example, pat-downs for weapons and use the use of force may be justified if officers reasonably believe a passenger is a threat to officer safety. Whether the Hammond officers were reasonable in their belief that Jones was a threat to their safety is now for a federal court to decide.

Law enforcement officers are typically immune from lawsuits, but victims of police violence can prevail if they can prove that police violated a clearly established constitutional or statutory right.

Jones and Mahone may need to prove their civil rights were violated in order to obtain any compensation from a seemingly hellish traffic stop.

Related Resources:

  • Police sued for tasing passenger during traffic stop (Yahoo!)
  • When Are Police Allowed to Open Fire? (FindLaw’s Blotter)
  • OK to Drive Away When Cop Knocks on Car Window: Wis. High Court (FindLaw’s Blotter)
  • What Procedures Must the Police Follow While Making an Arrest? (FindLaw)

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