A police officer who wrongfully attacks or harasses a person can indeed be held to account if they are proven wrong. Most individuals are afraid to step forward and speak up against a police officer because of how much power these individuals hold in society. However, everyone can rest assured that these powerful individuals are not always immune to the law. There are certain cases in which their acts come under police brutality and they can be held accountable for their actions.
What comes under police brutality?
There are many factors which come under police brutality including:
- Sexual harassment
- Excessive use of force
- Use of arms unnecessarily
- Arresting based on ethnicity or religion (racial profiling)
- Verbal abuse
- Destruction of property or possible evidence
- Unwarranted searches
If a police officer conducts any of the above then a person has every right to call in a police brutality lawyer in order to try and fight for the justice which they are clearly entitled to.
The fourth amendment and common forms of police brutality
According to the US Department of Justice, the most common form of police misconduct is the use of excessive force. False arrest is also another major claim which is filed against police officers, quite sadly, on a fairly regular basis. Since false arrest and use of excessive force falls under the fourth amendment, officers can indeed easily be held accountable if they are found guilty in the case. However, if the offending police officer had been given false information, and if they truly believed that the person was the suspect of the crime then they have not violated the fourth amendment and they most probably will not be held responsible.
It is very important that a person has enough evidence through which they can prove that the officer was guilty. This is where a police brutality attorney steps in. A lawyer who is experienced in dealing with police brutality cases can help a person collect the required evidence and can inform a person of their rights and what claims they can make according to their particular situation.
In what cases can the fourth amendment be applied?
The fourth amendment protects a person from being unrightfully searched or from being subject to extreme force without cause. Some cases in which the fourth amendment applies are:
- If an individual is pulled over and searched for a very minor traffic infraction
- If an individual is stopped for questioning as they simply walk down the road
- If personal property is confiscated
- If officers enter a person’s home in order to arrest them
- If officers enter a home in order to search for evidence
All of the above scenarios can be applied especially when the offending officer did not have a legitimate search or arrest warrant on hand or they did not have a very strong reason to conduct the search or arrest. If anyone has been faced with any of the above scenarios and they feel like a police officer has violated their rights then they should get in touch with a police brutality lawyer in Boca Raton, FL to get the justice they deserve.