Being subjected to a criminal attack through a police officer is often one of the last things which common civilians expect. Since police officers hold the noble position of having to protect and look after all of the members of society in their area it can often be very hard to accept the fact that a police officer partook in some form of misconduct. Unfortunately, the sad news is that this is actually more common than most people think and police officers are seen taking advantage of their power and authority more often than they should.
Section 1983 in Title 42 of the United States Code and why evidence of the attack is so important
According to the law, police officers are immune to facing lawsuits against the individuals who they arrest. However, thanks to section 1983 under title 42 of the United States code, individuals can make claims against police officers if the officer has deprived them of their rights and taken advantage of them. It is very important to note that in these cases, evidence is always a person’s best friend.
When it comes to litigating any case one of the most important steps a person needs to follow is that they need to start gathering evidence of the crime which was committed. The reason it is particularly important to have hard evidence when a person is trying to make a claim against a police officer is because of how much authority they hold in the justice system.
Say, for example, an officer pushes someone down harshly on the accusation of theft and handcuffs them. Even if the individual was indeed innocent, then making a claim against the officer will simply look like the accused individual is trying to get out of facing the penalties of theft. Since there can be a clear incentive for litigating against police officers, it will require more evidence to make the judge or jury believe that a person is truly innocent. Another example would be if a woman gets pulled over for supposedly speeding (when in reality she was not) and the police officer sexually assaults her under the guise of a full-body check. If she makes a claim against him then on the surface it could easily look like she was accusing the officer in order to reduce her penalties for speeding.
What evidence should be collected?
There are many different forms of evidence which a person can use to prove that they were innocent and that the police officer was the one who was breaking the law. Here are a few examples:
- Gathering witnesses who were at the scene and saw the whole event take place
- Showing audio recordings as evidence
- Showing video recordings from one’s phone or nearby surveillance as evidence
Get an attorney to put your case together
Getting in touch with a police brutality attorney is a great first step in earning the justice that one is truly entitled to. A police brutality attorney can let a person know if their certain situation fits under the category of police brutality and then they can go ahead and start putting the evidence and the paperwork together. No matter whom it is that needs help against a police-initiated crime, a police brutality attorney such as Oscar Syger in Broward County, FL can help them clear their name so they can go back to living an ordinary life again.