5 Examples of Police Misconduct to Refer to for Your Case
Facing a criminal charge is stressful enough on its own, but it can become even more so if you believe a law enforcement officer crossed the line during your arrest. Police misconduct can change what the prosecutor is allowed to use in court. When you know the limits on police work, you can effectively make choices that protect your legal rights.
Read on to learn about five examples of police misconduct that may provide insight into your case.
1. Unlawful Stops or Arrests
An officer needs “reasonable suspicion” to stop someone, not a hunch. An arrest requires an even stronger showing (referred to as “probable cause”). If the stop or arrest did not meet those standards, the court can keep out what came next, including statements and items found. That can change plea deal negotiations and sometimes leads to reduced charges or a dismissal.
Warning signs of misconduct include a stop where no reason was given or a detention that dragged on without explanation. If you can, write down what was said and when you were placed in cuffs. Small details can help your lawyer analyze the legality of the encounter and push to exclude bad evidence.
2. Excessive Force
Officers may use force, but it has to match the context and situation. Hitting a suspect who is not resisting or using a weapon when a lesser step would suffice can cross the line. If the force was not reasonable, your lawyer can ask the court to limit what the jury hears and to consider the impact of that violence on any statement you gave.
3. Illegal Searches and Seizures
Most searches require a warrant or a clear exception. Any consent to a search must be given voluntarily, and officers cannot expand limited consent into a general search. If the search was performed improperly or otherwise not in accordance with the law, the court can keep out what was found and anything that flowed from it.
Red flags of this type of misconduct include a search with no warrant or consent given after threats were made. Take note of what you were told and what was searched if this happens to you. Small facts, like mentioning a locked drawer or phone, can make a difference in these circumstances.
4. Falsified or Withheld Evidence
Altering reports or hiding information that helps the defense likely constitutes misconduct, as does planting physical objects. When these acts are exposed, they can damage the prosecution’s case and lead to reduced charges or an outright dismissal.
Look for statements from law enforcement that shift over time or materials that appear later on in your case. If possible, save any messages, photos, or videos contradicting the government’s official story. Your criminal defense lawyer can also ask for body-camera footage and other records to test the accuracy of what was gathered.
5. Retaliation and Intimidation
Threats that push a suspect to talk or punish someone for recording police activity can be unlawful. Retaliation also includes things like discouraging a complaint or delaying medical care without a safety reason. If pressure tactics by law enforcement led to you giving a statement, your lawyer can potentially ask to keep it out.
Contact the Birmingham Criminal Defense Lawyers at Jaffe, Hanle, Whisonant & Knight, P.C. for Help Today
If you believe an officer crossed the line, speak with a Birmingham criminal defense lawyer as soon as you can. An experienced attorney at Jaffe, Hanle, Whisonant & Knight, P.C. can review the facts of your case and file motions to exclude illegally gathered evidence.
Early action helps protect your rights and can change the outcome of your case, so call for a free consultation today.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800