How can police misconduct violate 5th Amendment rights in Ohio encounters?

Ohio – February 19, 2021

Police misconduct can be remedied under Ohio and federal law  protections including 42 U.S.C. § 1983. This law allows for legal action against anyone who “under color of” state law deprives another of the “rights, privileges, or immunities secured by the Constitution” or federal statutes. A police brutality attorney can explain the inclusions that protect victims of misconduct in Ohio.  The most common  forms of police abuse include excessive force, violations of civil rights, sexual harassment, bias-based profiling, illegal search and seizure, and false arrest, all of which may lead to increased excessive force action.

Miranda rights.

During police arrests, an officer is required to inform the person being arrested of their rights, commonly referred to as Miranda rights, based on the case that set the precedent for a person’s right to remain silent and have an attorney present during questioning, as well as rights to a government-appointed attorney when they cannot afford one.  In the landmark Miranda v. Arizona ruling, the United States Supreme Court extended the 5th Amendment protections to encompass any situation outside of the courtroom that involves the curtailment of personal freedom. 384 U.S. 436 (1966).

When law enforcement officers do not inform victims of their rights, they are violating the 5th Amendment and any information given to officers under duress, or threat of physical force may present a case for police brutality damages and be thrown out of evidence for convictions.  Victims should also speak with a criminal defense attorney if they have been further detained for pushing back against police misconduct actions.

Police may be breaking laws when:

  • they force a suspect to admit guilt to a crime they have not committed, and/or sign a formal confession under duress,
  • they do not read the suspect his rights, and if he/she is not familiar with the law, collect information that may be detrimental to their case,
  • they interview a suspect without an attorney present,
  • legal counsel is not made available despite the ability to pay for it.

Legal counsel and damages.

Victims of police misconduct can obtain several different types of relief in § 1983 civil rights cases. Relief may include injunctions against further unlawful action, declaratory judgments, compensatory damages, and punitive damages. Plaintiffs can also recover their attorney fees under 42 U.S.C. § 1988.

With respect to compensatory damages, a prevailing victim can recover out-of-pocket expenses caused by the violation. They can also recover damages for emotional harm, or “pain and suffering,” even without physical injury.  Contacting an experienced police brutality attorney at USAttorneys.com is the first step toward remedying a negative police encounter in Ohio.