How Can I Legally Protect Myself from Police Brutality?

Dealing with any situation that involves the police can be intimidating. Police brutality is a situation arising from any misconduct on the part of the law enforcement officer such as using excessive force or arms. Injury lawyers, such as the ones at Riddle and Brantley, can also inform you of the ways your rights can protect against such brutalities. That said, police brutality is a widely debated topic in the US.

What are the types of police brutality?

Violence may not be a part of all police brutality. The different forms of brutality include:

Excessive Force: The most common type of police brutality involves cops using excessive force. Police officers are legally permitted to use adequate and reasonable force to tackle suspects and armed criminals. But sometimes the cop may cross a line and use more force than reasonably necessary to arrest a person. Examples of such excessive force include use of firearms, beating with baton, chokehold, unwarranted taser use or unlawful takedowns. There have been instances of serious injuries and deaths due to such use of excessive force.

Wrongful Search: Except for a few scenarios, law enforcement officers are required to have a probable cause and a court issued warrant to search a person or conduct a property search as per the law. But police officers may sometimes wrongfully search and seize specific items.

Racial Discrimination: The law requires that no individual should have to experience any racial discrimination or unlawful treatment under any circumstances. However, there are many instances when police have discriminated individuals based on race and have resorted to violence police brutality.

False Arrest or Wrongful Imprisonment: If the police take an individual into custody without the arrest warrant, they are in violation of the civil rights and state laws. Additionally, police officers cannot detain a without any evidence or probable cause. If you are caught in such a situation you can receive compensation for any injuries, sufferings and the loss of your freedom through the wrongful arrest claim.

Sexual Abuse or Assault: A grave form of police brutality is sexual abuse or assault of an individual or violation of a person in custody. Legal action can be taken against such a grievous act of police brutality.

Denial of Medical Care: Another type of police brutality that is in violation of the law is denying medical care to a person in custody.

What are your legal rights against police brutality?

The US constitution provides protection to all individuals against any form of misconduct or brutality on the part of law enforcement officers based on the following:

Fourth Amendment – Protects an individual against any unreasonable search or seizure of items

Fifth Amendment – Protects a person from making any statements which can be self-incriminating.

Eighth Amendment – Protects individuals from any forms of unusual or cruel punishment

Fourteenth Amendment – Protects all the individuals and no one can be denied their life, liberty, or their property without the due process of the law.

How can a good personal injury lawyer assist you?

If you believe that you have suffered from police brutality and your rights have been violated, contact a personal injury lawyer immediately. Fighting against police brutality can normally be a difficult court battle. Hence, it is imperative to get in touch with a seasoned, knowledgeable lawyer who can help you identify and successfully receive compensation that you rightly deserve.