Taking A Look At Common Constitutional Violations by Police

The U.S. Constitution provides many rights for people, including the right to be free from certain police conduct. Just because police officers have badges does not mean that they can act however they choose, especially regarding traffic stops and arrests. Often, constitutional violations by the police can result in a case getting thrown out of criminal court, so always have a lawyer evaluate whether this is a possible defense in your case. 

False Arrest

One of the most common civil rights violations perpetrated by police officers is false arrest. In many instances, a police officer can arrest someone without a warrant if they suspect a felony or misdemeanor has been committed in their presence. 

Yet, a police officer needs to be able to demonstrate that there was probable cause. After all, a police officer is not allowed to arrest someone without probable cause for committing a crime. 

If you were falsely arrested, did not commit a crime, and gave the police no reason to believe you had, you could have suffered a constitutional violation. However, as a victim, you must work with a criminal defense attorney to prove that the police officer arrested you without probable cause. 

Unlawful Searches

Police often want to search people, cars, or belongings when they make a traffic stop. Though they might have stopped someone for speeding, they may want to see if the driver has contraband in their vehicle, such as illegal drugs or weapons. 

For a search to be lawful, police need a search warrant, consent, or exigent circumstances to justify a warrantless search. If a search is unlawful, the court should throw out any evidence that stemmed from the search. 

Excessively Using Force

Police officers have the authority of the law behind them, but this doesn’t mean they don’t have to adhere to their state and federal laws. Many police officers, unfortunately, use excessive force in situations that don’t require it. 

In many instances, excessive use of force claims attract public attention because the cases are usually outrageous and involve serious injury or even death. Other excessive force claims involve:

• Police brutality.
• Unjustified police shooting against a suspect.
• Sexual assault by a police officer.

When determining if excessive force was used, our attorneys can examine whether such force was appropriate given the situation. In some cases, even if a police officer acted with good intentions, but their actions are deemed to involve excessive force, a victim can seek justice for the violation. 

Get In Contact With A Montgomery Criminal Defense Attorney Today To Discuss Your Case

Unfortunately, police officers commonly commit constitutional violations. In the U.S. in recent years, many police officers have been violating civil rights through excessive force, false arrests, and police brutality. These violations can often help a criminal defendant’s case.

If you are facing criminal charges, you need to speak with a Montgomery criminal defense attorney. The team at Luck Law has the knowledge and experience needed to help you receive a just result in a complex criminal court system. Simply get in touch with us here, and we will help you book a consultation.