When incidents of police misconduct or brutality occur there are number of traces that may be left behind. Someone may have recorded a video on their phone, there may be pictures of a person’s wounds after they are beaten by police, and witnesses who saw the incident in person can be called to testify at a trial if needed. In all of these scenarios, it is important to retain any relevant records and use them to help a lawyer make a convincing case against the offending officers.

Young man is beaten during an interaction in a Cape Coral parking lot

Police were called to a parking lot outside of a nightclub to check on a suspicious person sitting on a car and apparently hitting the vehicle with his fists and feet. When officers arrived on the scene they found 20 a year old man named Travis Robey in the parking lot. The police went inside to verify if Robey was the subject of the call when he apparently made a statement about being underage and not being served alcohol. The officers smelled marijuana on Robey and saw marijuana sitting inside of the vehicle. When they began to question Robey he allegedly became violent at some point and started to resist. During the next several minutes, Robey ended up being tased, hit with a baton on the backside and legs, and knocked down multiple times as police say he was consistently trying to escape and resist arrest during their struggle. A video from a witness nearby captured screaming in the background that his parents verified as Robey’s voice. There is also a voice of one of the officers in the video trying to deter the witness from filming the incident, however there is no law against filming police officers in Florida.

The Cape Coral Chief of Police stated that a full internal affairs investigation of the incident will take place. Photographs were also taken of numerous bruises and cuts on Robey’s face, along with an X-ray that showed a broken bone in his foot. Robey was ultimately charged with battery on a law enforcement officer, resisting arrest, possession of marijuana, and possession of drug paraphernalia. Both officers involved in the beating also have a history of misconduct in the years preceding this incident.

How the evidence may be used

In situations where there are pictures, video, or sound that demonstrates police misconduct, it is best to retain personal copies and provide them to your attorney. In any lawsuit against the police, the availability of any items that clearly show misbehavior can be crucial when introduced at trial or shared during the discovery process. If the department requests the evidence of the incident for their own investigation against the officers, make sure additional copies are made, as the police have a tendency to “lose” these items for unexplained reasons.

Evidence of injuries or false arrests can be important to show that police deviated from their standard protocols when interacting with a suspect. In severe cases of brutality, they can be used to show that a person was harmed for no legitimate law enforcement purpose. A lawyer can use proof of these infractions to make a case for various violations of civil rights. The specific violations will be included as part of a federal civil rights lawsuit.

Speak to an attorney in Florida now

If you have been hurt by the police in Cape Coral, Lee County, or anywhere else in the state of Florida, there is legal help available. Police brutality attorneys can discuss your specific situation and look at any evidence of misconduct to determine a plan of action.

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