| We expect police to work hard preventing crime and | | | | prosecution" when a law enforcement official begins |
| keeping us safe. To be sure, the vast majority of | | | | a criminal proceeding, without "probable cause," but |
| police officers are dedicated to protecting the public. | | | | with malice toward the victim, and the criminal |
| We are immensely grateful to these law | | | | proceeding ends in the victim's favor (without a |
| enforcement professionals. | | | | conviction). This claim arises, because the law states |
| However, there are law enforcement officials who | | | | that no one should be subjected to the extreme |
| ignore their sworn duty and violate the rights of | | | | emotional stress, embarrassment, and financial |
| law-abiding citizens. In these situations, the innocent | | | | expense often involved in a criminal prosecution that |
| victim of police brutality may have the right to make | | | | lacks a legitimate basis. |
| a legal claim against the abusive officers and the | | | | Unreasonable Search |
| police department where they work. | | | | In recent years, the U.S. Congress and Courts have |
| If you or a loved one was injured by federal, state, | | | | responded to terrorist attacks, drug trafficking, and |
| county, or local law enforcement officers, and you | | | | school violence, by expanding police powers. Law |
| believe that your injury resulted from their excessive | | | | enforcement officers may ask every person for |
| force or abuse of authority, it is important to talk | | | | identification, and may check for weapons, at |
| with a police brutality lawyer with experience in your | | | | airports, schools, and other public buildings. In addition, |
| state's and federal police brutality and civil rights laws. | | | | police can stop a person in any public place, if the |
| Police have broad authority to carry out their duties, | | | | officer has "reasonable suspicion" that a crime was |
| as they should. Nevertheless, there are limits to these | | | | committed and that person committed it. During this |
| powers. Legal claims for police brutality or abuse may | | | | kind of non-custodial stop, the officer may do a |
| arise when law enforcement officials go beyond the | | | | "pat-down" search to make sure the individual is not |
| limits of their authority and cause needless injury. | | | | carrying a weapon. |
| The following are some of the types of legal claims | | | | There still are occasions when law enforcement |
| arising from police brutality or abuse. | | | | officers go beyond their authority, and a search |
| Excessive Force | | | | becomes "unreasonable." The situations that may be |
| Police only may use the amount of force that is | | | | the basis of a legal claim include: |
| reasonably necessary to carry out their lawful duties. | | | | - Police enter and search an individual's home without |
| Whether force is "excessive" depends on the reason | | | | permission, without a warrant and without the |
| why police attempted to stop or arrest an individual, | | | | presence of emergency, or "exigent," circumstances. |
| the way that the person responded to police | | | | - Police do a body cavity search, or "strip search," of |
| requests or demands, and the circumstances | | | | a person who is not under arrest, or who was |
| surrounding the encounter. | | | | arrested for a misdemeanor. |
| Thus, it might be reasonable for law enforcement | | | | Rights of Pre-Trial Detainees |
| officers to physically grab and restrain a person who | | | | Even if police have a lawful basis to make an arrest, |
| was armed, committed a violent crime, or physically | | | | the individual may have a legal claim for injury that |
| resisted arrest. Police could do this based on a | | | | occurs in the detention facility or jail. At that point, |
| reasonable belief that the individual posed immediate | | | | law enforcement officials have complete control over |
| danger, even if their belief was wrong. | | | | the detainee. Therefore, they have an obligation to |
| However, police may use no more force than | | | | promptly determine his or her physical and |
| necessary. They should not hit, rough up, or | | | | psychological needs, provide proper medical |
| otherwise hurt a person who is unarmed, acts in a | | | | treatment, food, and shelter, and protect the |
| non-threatening manner, and follows their directions. | | | | detainee from other inmates. Injury resulting from |
| Even if a person is aggressive, police must stop using | | | | neglect during pre-trial detention may be the basis for |
| force, as soon as they restrain the individual. Thus, | | | | a legal claim against the law enforcement agency that |
| any legal claim for "excessive force" must be based | | | | operated the facility. |
| on injury resulting from force beyond whatever was | | | | Complex Legal Issues in Police Brutality Cases |
| necessary. | | | | In every police abuse case, the first critical issue is |
| False Arrest or Imprisonment | | | | whether or not the officers were doing their job |
| This claim arises when police take an individual into | | | | properly, or had a reasonable belief that they were |
| custody, without an arrest warrant and without | | | | doing so at that time. This defense is sufficient to |
| "probable cause." An officer would have "probable | | | | defeat the claim, even if the victim suffered severe |
| cause" if he or she actually saw the person commit a | | | | emotional distress. |
| serious crime or had a reasonable belief that the | | | | Proof that the law enforcement officers were |
| person had or was just about to commit a serious | | | | careless or negligent is not enough to succeed in this |
| crime. | | | | type of case. Instead, the victim must have evidence |
| The reasonableness of the officer's belief is based on | | | | that police knew they were acting in an unreasonable |
| the information available at the time of the arrest, | | | | or unlawful manner, and intentionally caused injury. |
| even if it turns out to be wrong. When police lack | | | | Needless to say, only an experienced attorney can |
| this legal justification, the person taken into custody | | | | handle a police brutality case. To make a proper |
| may have a claim for false arrest. | | | | claim, the attorney must investigate all the relevant |
| Malicious Prosecution | | | | evidence and evaluate the circumstances surrounding |
| An individual may be the victim of "malicious | | | | the police conduct and the victim's injuries. |