July 20, 2024

Your Rights as the Victim of Police Misconduct

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People make mistakes. But there’s a big difference between a mistake and purposefully causing harm. Police misconduct is a very serious issue, and it is one that must be handled professionally and with care. If you have been the victim of police misconduct, you may feel lost, not knowing where to turn first. A police brutality lawyer can help you figure out your next steps, but first, you need to understand your rights as a victim.

False Arrest

The most common issue with police is being wrongly accused of a crime. This means that an officer had violated the Fourth Amendment, which is the guideline for probable cause. An officer is allowed to arrest someone without a warrant in their presence, for crimes that happened elsewhere. It does not mater if those claims turned out to be false, if they had probably cause to pull someone over or arrest them, it is not an Amendment violation. In order to win on such a case, you need to prove beyond reasonable doubt that the arresting officer had no reason to believe you committed a crime.

Malicious Prosecution

This type of claim means that an officer violated your Fourteenth Amendment right for liberty. Legal issues such as this one require that you prove four things: the officer started a proceeding, that proceeding ended in the victim’s favor, there was not probable cause involved, and the case was brought forth maliciously. Speaking to an attorney, like with false arrests, is wise in this case, because if they can prove probable cause, you will not win.

Excessive Force

These are the most publicized claims against police, since these are the cases involving police brutality resulting in an injury or death. These cases are largely dependent on context of the situation. Many circumstances may come into play with these types of cases, and they may be dragged out to ensure a fair trial.

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