What is Police Misconduct?
We often hear the term “police misconduct”, but what exactly does it mean? Police misconduct occurs when an officer of the law acts in a manner that is beyond the scope of their abilities. In most cases, this equates to the use of “excessive force”, otherwise referred to as any action or measure taken by an officer than is considered unreasonable. Unreasonable force can include a wide range of incidents and actions, such as racial slurs, sexual harassment, and the infliction of unnecessary physical harm upon an individual.
Below are some common examples of police misconduct that victims can seek legal representation for with the help of an experienced police brutality attorneys:
- Assault
- Attacking an inmate
- Battery
- Discrimination
- False arrest
- Falsification of evidence
- Harassment (verbal, physical, or sexual in nature)
- Illegal search and seizure
- Intimidation
- Racial profiling
- Rape
- Shooting an unarmed suspect
- Tampering with a crime scene
- Unethical use of firearms (including tasers and guns)
- Wrongful death
- Wrongful imprisonment
The Truth About Police Brutality and What You Can Do About It
Police officers have a responsibility to protect civilians against crime and acts of injustice. Yet, many times, it is the officers themselves who are violating the law. When police behave in a manner that is excessively violent, harass potential suspects, or fatally wound an individual who was unarmed and did not display intention to harm another, they have committed a crime.
Fortunately, victims of police misconduct and police brutality are protected by Federal Law. The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures, which includes the use of excessive force by law enforcement officials. Officers are also prohibited from displaying discrimination against individuals over race, ethnicity, gender, sexual orientation, or disability. Anyone who has experienced an incident in which an officer went beyond the scope of “reasonable force” to detain them or used violent measures during an arrest or property search has the right to seek legal assistance with police brutality attorneys.
Contact one of our featured brutality attorneys today to schedule a free, no-obligation consultation to discuss your options in filing a case and ensuring your civil rights are fully protected.
According to the Washington Post — who attempted one of the most comprehensive analyses of data around the nation — in 2016, 963 people were shot and killed by police in the US. Although African Americans make up only 13% of the population (encompassing 242 of the estimated nearly 1000 killed this year), this means that they made up as much as 25% of those killed by police. In 2015, 30% of the African Americans who lost their lives to a police officer was unarmed. And less than one-third of 2014’s African American fatalities at the hands of police were allegedly armed, but were not suspected of committing a violent crime.
False Arrest
One claim often made is false arrest. When someone makes a false arrest claim, they maintain that a police officer has violated their Fourth Amendment right prohibiting unreasonable seizure. If an officer has “probable cause,” however, it will not be ruled that the plaintiff’s rights have been violated. Police officers can lawfully arrest someone they suspect may be engaging in criminal activity without having a warrant for a misdemeanor or felony committed.
If the information that the police officer was working with is found to be false, the police officer still cannot be charged with a crime. The only way to prove a false arrest case is to prove that the officer did not have probable cause to make an arrest. Probable cause means that any person in the same situation would reasonably assume that a crime was committed.
Malicious Prosecution
To make a malicious prosecution claim, the victim must prove that their Fourteenth Amendment right to liberty has been violated. There are four things that a plaintiff must prove to win a malicious prosecution case:
● The police officer against whom the allegations are made commenced a criminal proceeding
● The proceeding ruled for the victim
● There was no probable cause
● The proceeding was initiated with malice
If the defendant police officer can prove that he had probable cause, then the claim will be denied.
Excessive Force
Excessive force cases usually get the most attention. Because they are so egregious, they usually are highly publicized because they generally lead to severe injury or even death. A subjective criteria, the determination of what is “excessive” is based on the facts about the events and its circumstances. The intent of the officer has no bearing on whether they are found guilty of excessive force or not. But if the officer had good intentions and the force is still found to be excessive, then the proceedings will continue.
Police Brutality: When to Hire a Police Brutality Attorney
Police brutality is a form of civil rights violation that can have traumatic consequences in the long term, no matter the circumstances. Finding yourself in a situation where the police must
intervene is already an unpleasant event, but being a victim of police brutality can shatter your trust in an institution that is supposed to protect you from harm.
What Is Police Brutality?
With police-related incidents being on the rise all over the country, it is concerning to know that you must be on the lookout for misconduct from law enforcers. Many real police brutality cases are not reported at all, and it’s either because people don’t identify misconduct correctly or they refuse to file a complaint, out of mistrust and disappointment with the system and authorities.
It’s important to be able to identify police misconduct properly and prevent the offending officers from continuing doing the same to other citizens. Any victim of police brutality is entitled to a trial and compensation if the court decides that their rights were indeed violated.
The key to correctly identify police brutality is the “excessive use of force” principle. Did the officers use their power and authority to unlawfully put a civilian in a dangerous, harmful, humiliating or discriminating position? Did they use excessive force, be it physically, verbally or by creating an intimidating situation?
Here are examples of ways in which police officers can use excessive force on you:
- Using their weapons and equipment to intimidate or even hurt you: guns, tasers, batons, pepper spray, et
- Faking your arrest when they don’t have any legal reason to arrest you
- Sexual abuse, mostly covered by body searches
- Verbal abuse and intimidation
- Harassing you through racial profiling or other types of discrimination
- Unjustified searches
- Destruction or misplacement of evidence
What Should You Do in Case You Are a Victim of Police Brutality?
If you ever feel that your civil rights were violated by the police, then you need to gather as much evidence as possible. If it’s possible, do it immediately after the incident. Identify witnesses and ask for their statements, go to the doctor if you have physical or psychological injuries or trauma and ask for a detailed report of your condition and what caused it. Write down as many details as you can remember and review them mentally to prepare for the trial.
No matter how successful you were in gathering your evidence, get in touch with police brutality lawyers as soon as possible. Describe them the chain of events as detailed as you remember, and answer all their questions honestly. Look for an attorney who has similar cases in his portfolio.
What Will a Police Brutality Lawyer Aim To Do?
Police brutality lawyers can help you defend your rights and claim proper compensation. It can be tricky to prove that you were indeed mistreated, as the police are entitled to use force if needed. Your case will be built against an officer who already knows the law and how to defend his actions best, so it helps to have someone on your side who knows the system and how to avoid any legal loopholes.
Police brutality lawyers have the role of voicing your complaints, backing them with enough evidence and arguments to demonstrate that the thin line between normal police procedures and excessive use of force was crossed. They aim to protect Federal Law and the Fourth
Amendment and to recover the prejudice caused by criminal police officers.
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If you’ve been the victim of police brutality in Texas, a police injury lawyer can help. Please call USAttorneys.com today at 800-672-3103 for a free consultation with a police brutality lawyer in Texas.
