Minnesota – February 12, 2021

Police are supposed to secure a warrant before they can search a designated area, or person, but there are daily exceptions to the practice of obtaining a warrant.  Police can search automobiles without warrants, they can detain people on the street without them and they can always search, or seize in an emergency without going to a judge.  Police encounters when the search does not occur “in an emergency” scenario, may be violations of civil rights that need to be argued in front of and judged in a court of law.  A professional police brutality attorney can assist with these legal actions.

Criminal proceedings.

The Fourth Amendment is most commonly put into practice during criminal proceedings. What constitutes a “search” is certainly different today than when the original law was written. For example, when non-guilty, non-suspicious persons are searched at the airport daily, is this a violation of the 4th Amendment rights? The reason for this search is to deter people from bringing weapons, but there is no “cause,” probable or otherwise, of wrongdoing. Advances in technology, global, national, and cyber threats are making the 4th Amendment even more important in our society.

Police brutality.

Police are teetering on the fine line of the 4th Amendment rights when they:

  1. Claim to hear a noise in order to conduct a search on private property,
  2. Make a person get out of the car during a traffic stop and frisk them if they have not done anything suspicious,
  3. Search a car during a traffic stop because they are suspicious of the way a driver moved,
  4. Engage in a bias-based profiling stop,
  5. Enter someone’s home, who may not be familiar with the law, and conduct a search without permission based on showing their badge.

There are many reasons why a police officer will claim to be acting within the scope of the law during a search and seizure encounter.  Each situation is unique to its circumstances and if a person becomes victimized through actions under the 4th Amendment of the United States that escalate into excessive force, or other forms of police brutality, they should seek professional legal assistance by contacting a civil rights lawyer, or a police brutality attorney, who can guide them toward harmful damages they may have sustained.

Victim action.

Victims who have been illegally detained by a Police Officer in Minnesota should not escalate the situation by counter aggression.  Eye-witnesses are important, try to collect names and contact information.  Take photos at the scene, or video-tape the encounter if possible.  Get medical attention to assess injuries and collect a formal report by a physician to support a case in a court of law. Victims should file a misconduct report with a supervisor, or higher authority of law, if they are afraid to do so with the Minnesota Police Department, and  hire an attorney  who can file a complaint with the Department of Justice, and initiate a civil, or criminal suit when appropriate.

Victims of police brutality should speak with a police brutality attorney who will take action to secure damages for injury and property loss because of a negative police encounter, or a criminal defense attorney if an arrest was complicated and the victim is being charged.

Sources:

https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice

https://constitution.congress.gov/constitution/