It is the job of police officers to uphold the law and protect the public. However, as you have probably seen in the media, not all officers do their jobs and commit misconduct. People have lost their lives due to misconduct by a police officer, and it is a serious problem. If you were the victim of police misconduct, you should pursue justice, and police officers should be held accountable for their actions.
Police brutality occurs when a police officer uses unnecessary or excessive force against somebody. Police are only allowed to use the amount of force that is required for a given situation. While police officers may be concerned for their own safety, they sometimes go too far. Not all situations call for the same level of response. A properly trained officer should be able to determine when force is necessary. Some examples of excessive force and police brutality include:
- Excessive use of physical force when moving or removing someone from a property or an area.
- Excessive force during an arrest, transport, or detention
- Unnecessary use of pepper spray or tasers
- Unjustified shooting
Whether force is excessive is entirely dependent on the facts of a given situation. It is the job of a police officer to properly evaluate the situation before acting.
While we expect police officers to uphold the law, some officers break the law and do illegal things. When this happens, there may be police misconduct. Examples of police misconduct include:
- Sexual abuse
- Denial of due process rights
- Denial of necessary medical care
- Committing perjury
- Actions based on race, ethnicity, or another protected class
- Hiding or destroying evidence
The Fourth Amendment to the Constitution protects citizens from unreasonable search and seizure. False arrests can involve a violation of the Fourth Amendment. The police cannot arrest you unless they have a warrant or probable cause to believe a crime has been committed. An officer who bases an arrest on someone’s race or ethnicity is violating that citizen’s civil rights. Police officers have an obligation to follow the law, and their badges do not give them the right to mistreat someone because they don’t like the way that person looks.
Contact a Personal Injury Attorney
If you were the victim of police misconduct, you should have your case evaluated by an experienced personal injury attorney. For over 50 years, the attorneys at Bonina & Bonina, P.C., have been helping injury victims. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.