Whether a person has really committed a crime or whether they are simply being suspected of a crime, they have rights to protect how they are treated. However, many individuals feel like they shouldn’t contact a lawyer if a police officer violates their rights because of how imposing officers can be.
Due to how much authority an officer generally carries themselves with and due to the confidence through which they operate, it can even make a person doubt the entire incident. However, the reality is that just because a person was in the wrong place at the wrong time does not mean that they should have their rights violated over it.
Why is evidence important when it comes to reporting police brutality?
The truth is that officers hold themselves with so much authority because they have, indeed, been given a lot of power by the state. Police officers have something termed ‘immunity’ when it comes to lawsuits. This means that in most cases if a police officer arrests a suspect then that suspect is not allowed to pursue litigation and sue the officer.
This may seem ridiculous but through the eyes of the law, it makes sense. Naturally, anyone who was arrested by a police officer, especially those who were actually guilty of the crime, would try everything they can to get out of their current situation. Suing the officer and putting false claims on the officer would generally be on the top of their to-do list.
This immunity might be advantageous because it reduces the number of false lawsuits filed against officers but it does have its disadvantages because it gives a little too much power to police officers. When police officers are given so much authority they have a tendency to act irrationally. In recent years statistics show that 92% of deaths caused by police officers occurred because of excessive use of force or use of deadly arms.
Exceptions to police officer immunity
The good news is that the state left a fair amount of room in this immunity, and it can be overcome. If a police officer manages to violate the rights of a person and if this officer harms an individual for no apparent reason, or harms the person when they are being compliant and they haven’t done anything wrong then the officer can be penalized legally.
Since the law has made it tricky to pursue legal action against an officer, a person can never have enough evidence. They should make sure to collect as much evidence as possible because unlike an ordinary lawsuit, suing an officer already holds a bias against the favor of ordinary members of society.
Some examples of good evidence include:
- Audio recordings
- Video recordings
- Pictures of injuries
- Hospital records
A police brutality lawyer in Livingston. NJ is the perfect professional to get in touch with if a person wants to know how they can fight immunity and get compensated for the unjust acts which they were subjected to. A police brutality lawyer can further educate a person on their rights and explain which laws (such as the fourth and fourteenth amendment) have been violated and explain to them how they have every right to pursue legal action.