At what point can a police officer be charged with felony menacing?

UPDATED: Sep 29, 2022

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At what point can a police officer be charged with felony menacing?

I was staying at a friend’s house that got raided around 10am today. When the poice busted in the room I was staying in, 2 officers had their guns racked and pointed at me. The room was well lite, I was half dressed and I complied to all their requests but they still refused to stop pointing their guns guns at me until I was cuffed and made to sit outside while they searched the house. They took my phone, even though I wasn’t listed on the search warrant.

Asked on September 14, 2015 under Criminal Law, Nebraska


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An officer can be filed with menacing or some type of police brutality charge if they exceed the scope of the law and/or their internal policies and procedures. 
In the case that you have described, this is, unfortunately, fairly standard procedure when executing a search warrant.  Your name doesn't have to be listed on the warrant in order to be detained.... all that is required is that you are in the location authorized to be searched.  They are authorized to use reasonable steps to insure officer safety... including pulling their guns on occupants. 
Their actions would have been excessive if they had assaulted you in the process for no reason or used some other physcial force without provocation. 

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