All citizens who come into contact with the police have the right to be treated fairly. People should be aware of the rules that govern the behavior of not only police officers, but many law enforcement officers. Specifically, for the police to detain an individual for questioning, they must have reasonable suspicion of criminal activity. For the police to arrest someone, they must have probable cause to believe that the individual they are arresting was involved in criminal activity. If the police violate these rules, then you should retain an aggressive police brutality attorney to make sure that your rights are protected.
Experienced And Aggressive Police Misconduct Attorneys
With the advent of cellphones and cameras, more and more acts of police misconduct have become apparent on our television screens. There has been evidence of excessive use of force by the police, including overuse of Tasers, firearms, choke holds and general physical force. Police misconduct is a broad term as many types of acts fall within its definition.
Police misconduct can include:
- Threats, intimidation and harassment
- Verbal attacks and stalking
- Physical assault and/or excessive use of force
- Arresting an individual without probable cause
- False imprisonment
Misconduct or brutality can come from police officers, prison guards, federal agents, and probation and parole officers, as well as correctional officers.
Hire A Former Prosecutor To Make Sure Your Rights Were Not Violated
Victims of misconduct rely on a few federal statute sections, but perhaps the most salient one is section 1983, which regards lawsuits against police and other government enforcement officers. Under section 1983, it is illegal for someone acting under state law authority, such as a police officer, to deny another individual his or her civil rights that are provided by either the Constitution or by a federal law.
The most common types of civil rights lawsuits that can be brought are:
1) that the police falsely arrested a defendant when they did not have probable cause to arrest him or her (false imprisonment)
2) that the prosecutor in a case brought about a malicious prosecution against the defendant. The most common type occurs when the prosecution does not turn over exculpatory evidence to the defense.
3) the use of excessive or unreasonable force by police during an arrest or subsequent to an arrest
Contact An Experienced Police Brutality Attorney
Call us toll free at 610-314-7066 or use our email contact form to arrange a free consultation. Our office is conveniently located one block from the West Chester County Courthouse. If you are unable to come to our offices, we can make arrangements to meet at the police station, your home or another convenient location.