What Are My Legal Rights Against Police Brutality?

Police misconduct is one of the most widely debated topics all over the US. Police brutality means any misconduct conducted by the police such as the excessive use of force.

Legal Rights Against Police Brutality

The Constitution offers individuals the following types of protection against police brutality.

Fourth Amendment – It protects individuals from unreasonable search by requiring probable cause to search a person or a property.

Fifth Amendment – It protects individuals who are under arrest by granting the right to remain silent thereby protecting them from self-incriminating statements.

Eight Amendment – It protects an individual by prohibiting disproportionate or offensive punishment.

Fourteenth Amendment – It is meant to ensure that no individual is denied the right to life, freedom, or property without due process of law.

Types of Police Brutality

Here is a list of some forms of police misconduct.

Use of Excessive Force: The use of excessive force by the police is one of the most common types of police brutality. Law enforcement officers often need to apply physical force to apprehend criminals or suspects. However, sometimes the police may apply unreasonable and unnecessary force than permitted when arresting a person. This is a type of police brutality that can lead to serious injuries or even cause death.

Wrongful Search and Seizure: The police can search a house without a warrant if they have reasons to believe you have committed a crime or if you are arrested lawfully. However, in certain cases, the police may resort to wrongful search that is a form of police misconduct.

Radical Discrimination: It is the duty of law enforcement agencies to protect all US citizens without any racial discrimination. However, research shows that the police engage in discrimination and are more likely to search Hispanic or African-American individuals compared to Whites or Asians. Such racial discrimination is a type of police brutality.

Wrongful Imprisonment and False Arrest: Another form of police misconduct involves wrongful imprisonment and false arrest. If someone is taken into custody without a probable cause or arrest warrant, it is a violation of the person’s civil rights and state common law.

Sexual Assault or Abuse: Another grievous type of police brutality is abuse or sexual assault. The government still does not have a system of documenting such cases but independent studies indicate that such a problem is widespread. In custody, a suspect is incapable to provide consent to any sexual act by law. Hence, any sexual encounter at this point is an assault and legal action should be taken against the police.

Denial of Medical Care: Sometimes a suspect in police custody may require medical attention. However, they may be denied this care by the law enforcement officials. This is another type of police brutality.

How Can A Good Personal Injury Lawyer Help You?

If you have been a victim of police misconduct and the rights provided to you by the Constitution have been violated, you may be eligible to receive financial compensation. Fighting police brutality in court may be difficult. However, a seasoned and knowledgeable personal injury lawyer can review your case, represent you and fight relentlessly to ensure you successfully receive the justice that you lawfully deserve.