Police officers who suspect people of criminal activity should approach their suspicions carefully. If they violate the law or the rights of the people they arrest, their actions can impact what happens next. In some cases, police officer misconduct is significant enough to trigger litigation.
Many other times, allegations of law enforcement misconduct affect how the state handles pending criminal charges. When police officers violate the rights of individuals, it may be possible to exclude certain evidence from criminal proceedings. The misconduct of officers can have a direct influence on a criminal defense strategy.
What are some of the most common ways that officers may break the law or violate an individual’s civil rights?
Conducting inappropriate searches
If police officers suspect people of criminal activity, they are often eager to find evidence supporting those suspicions. Police officers generally need a warrant, permission or valid probable cause to suspect a vehicle, a private residence or a person’s body. Illegal searches are surprisingly common. If defense attorneys can show that officers conducted inappropriate searches, it may be possible to exclude specific evidence from criminal proceedings.
Using excessive force
Police officers sometimes need to use physical force to protect themselves, ensure the safety of the public or prevent someone from fleeing. Officers do have the right to use a reasonable degree of force given the severity of the crime and the likelihood of the person posing an actual threat to others. When police officers escalate a situation by using unnecessary levels of physical force, they may injure people or worse. Excessive force can lead to questions about officer conduct and possibly also litigation in more serious cases.
Violating Miranda rights
Police officers hoping to convince people to confess to a crime often use manipulative interrogation tactics. Police officers can lie to people. They can pretend to care about them when their true intention is to gather evidence. Such conduct is technically legal. However, some officers cross the line and violate people’s rights. They may ignore when an individual invokes their right to remain silent or their right to an attorney. If officers continue questioning people despite the attempt to make use of their Miranda rights, those actions could affect the state’s case later.
Evaluating conduct that may have violated the rights of a defendant could help people establish reasonable criminal defense strategies. People who gather proof of different forms of police misconduct and speak up about it in court can protect themselves and others from the misuse of authority.