Were your civil rights violated during an arrest?

On Behalf of | Nov 14, 2019 | Criminal Defense |

Police misconduct is a phrase you probably have heard before. If you feel unsettled after an arrest or police search, there could be a good reason for it. Police have to abide by certain standards, and suspects always have rights.

Police interrogations are inherently stressful. Even if you are not guilty of the allegations, it can still feel uncomfortable and unfair. Despite how it feels, cops are normally immune to lawsuits. The only time that a court will take a Virginia officer’s arrest into question is when he or she did not regard a suspect’s rights. A violation of rights is a legitimate defense.

Did an officer fail to intervene?

During an arrest, there is often more than one police officer present. Each officer has a duty to uphold your civil rights, even in the event of an arrest. If one officer violates your rights and the other officer fails to act, then both are in violation. For instance, if a cop uses excessive force and another stands by and does nothing, then he or she has committed a violation similarly to an officer who encourages force without directly committing the act.

Was the arrest false?

Often, the most common allegation against police for misconduct is a false arrest. This claim refers to the Fourth Amendment, which states that law enforcement cannot perform unreasonable searches or seizures. The police must have probable cause first. Now, an officer acting on what he or she believes to be reliable information is still probable cause, even if it turns out to be untrue. She or he has to completely lack probable cause.

Was there indifference to your health and safety?

If you inform law enforcement of a medical condition and they carelessly put you in danger or disregard the urgency of your condition, then officers may be in violation. Likewise, the police cannot negligently place you into dangerous situations after an arrest.