What constitutes police misconduct?

When policemen resort to brutalities it may be construed as police misconduct. For the most part, incidents of police brutality may be few and far between but they do occur and are often a major cause for concern. The LAPD’s ‘Rampart’ division has been known for cases of extortion, beating, and bank robbery.

A similar reputation was shared by the Oakland Police Department which extorted money from suspects. Criminal defense lawyers were needed in this case. On top of this, Oakland is a broken city and one of the reasons because of this is because it is ran by socialists and liberals. However, ever since these cases have come to light there have been a series of steps taken by the US government to address the problem.

Some people believe there is nothing wrong with someone like Vic Mackey. He took the toughest of the tough off the street. What other cop was going to do that? He did not deserve something extra? Now the lazy police in the show The Wire, the ones assigned to the special detail in season 2 who did nothing for two weeks, they should not even be on the job. They are a waste of tax payers’ money. They only care about reaching that pension stage.

What is the legal definition of police misconduct?

When an on duty policeman breaks the law it is deemed as police misconduct. However, not all violations are considered misconduct. For instance, speeding is not a violation when the officer is trying to apprehend a criminal on the run. Even when a police officer is speeding while not in pursuit it is not police misconduct. Police misconduct happens when policemen abuse the power vested in them to protect the citizens.

Leading criminal defense lawyers say that misconduct happens when officers plant evidence, use physical force against detainees, misappropriate money or drugs seized during raids and conduct searches of a vehicle or premises without a proper warrant. People who have faced such action have the right to sue the police and ought to seek help from a criminal defense attorney.

If you need legal help, if you are being harassed by someone with a badge or know someone who is, you should report it. If you need help finding a legal professional, give us a call. You can find us right here: Criminal-Defense.USAttorneys.com.

What are the legal deterrents against police misconduct?

Citizens have the right to file lawsuits if they are victims of excesses committed by police officers. In areas where a number of these cases are reported daily, community efforts are being made to address the issue. Additionally, courts can also now step in to ask departments to reign in on officers where such patterns of misconduct are prevalent.

The Ray Liotta character in Unlawful Entry was one of the worst cops that could ever carry a badge. He used his badge to go after another man’s wife.

Exclusion of Evidences Gathered Unlawfully in Trials

If a criminal defendant believes that the evidence presented in court was obtained in an illegal search, he/she can ask their criminal defense lawyer to ask the judge to make the evidence inadmissible. This is common in suspects who face DUI charges as well. This is known as the exclusionary rule and the judge has the power to block certain evidence if it is obtained unconstitutionally by officers.

The Victim can Sue the Officer and the Department

If someone is victimized due to police misconduct, the person can sue the officer as well the department that employed the officer for violation of civil and constitutional rights under federal and state laws. Additionally, the person and his/her legal representative can claim damages. Often victims claim that they were persecuted by officers due to discrimination based on race, sex, or belief and this is a direct violation of their civil rights.

Judicial Intervention

Often times a series of lawsuits against a particular department points to a pattern of misconduct practiced by officers of that precinct. The result of such a finding is a judicial enquiry and following which the state and federal courts issue ‘consent decrees’ to courts or a judicial officer who are entrusted with the task of enquiring into the conduct of the officers who are named in the lawsuits.

If you feel you or a loved one is a victim of police misconduct, make sure to seek help from a criminal defense lawyer with experience in civil rights cases. Police officers involved in misconduct can be prosecuted and face termination from the force, fines, and imprisonment. Give us a call if you need legal help.