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Color (law)
In United States law, the term color of law denotes the "mere semblance of legal right", the "pretense or appearance of" right; hence, an action done under color of law colors (adjusts) the law to the circumstance, yet said apparently legal action contravenes the law.〔''Law Dictionary'' Fourth Edition, Steven H. Gifis, p. 86〕 Under color of authority is a legal phrase used in the US indicating that a person is claiming or implying the acts he or she is committing are related to and legitimized by his or her role as an agent of governmental power, especially if the acts are unlawful. ==Color of law== Color of law refers to an appearance of legal power to act but which may operate in violation of law. For example, though a police officer acts with the "color of law" authority to arrest someone, if such an arrest is made without probable cause the arrest may actually be in violation of law. In other words, just because something is done with the "color of law" does not mean that the action was lawful. When police act outside their lawful authority and violate the civil rights of a citizen, the FBI is tasked with investigating.〔(【引用サイトリンク】title=FBI — Color of Law )〕 The Supreme Court has interpreted the United States Constitution to construct laws regulating the actions of the law enforcement community. Under "color of law", it is a crime for one or more persons using power given to him or her by a governmental agency (local, state or federal), to willfully deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. Criminal acts under color of law include acts within and beyond the bounds or limits of lawful authority. Off-duty conduct may also be covered if official status is asserted in some manner. Color of law may include public officials and non-governmental employees who are not law enforcement officers such as judges, prosecutors, and private security guards.〔(Hate Crimes ). Federal Bureau of Investigation, Miami Division, February 22, 2005. Via the Internet Archive Wayback Machine.〕 Furthermore, in many states it is unlawful to falsely impersonate a police officer, a federal officer or employee, or any other public official or to use equipment used by law enforcement officers, such as flashing lights or a fake police badge. Possession of a firearm also can enhance the penalty for false impersonation of a police officer.〔(【引用サイトリンク】title=Impersonating a Police Officer )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Color (law)」の詳細全文を読む
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