Police misconduct can be defined as an officer physically or mentally abusing an individual without any valid cause for their behavior. If a person is subjected to such behavior by an officer, calling a police brutality attorney in Newport News, VA is the best course of action to take in order to put the officer to justice.
Out of the various cases of police misconduct that come into the Justice Department on a regular basis, the most common are for:
When police officers violate the fourth amendment right of a person (the right against unreasonable seizure) they qualify for having committed false arrest and they can be legally accountable for their actions. Police officers do not have the right to arrest anyone unless they have a warrant with a felony charge, or they see a crime (even a misdemeanor crime) being committed in front of their eyes. If a person is falsely arrested by an officer, they need to present enough evidence to prove the officer had no grounds to arrest them and they were innocent of the crimes they were being accused of.
When officers are guilty of violating a person’s 14th amendment right (the right to liberty) they can be held guilty for malicious prosecution. Malicious prosecution basically means the officer put a person on trial for a crime they did not commit in order to fulfill their own personal agenda. In order to prove the officer was guilty of malicious prosecution, a person needs to be able to show that the officer is the one who commenced the criminal proceeding and the proceeding ended with no conviction. Along with this, they also need to be able to prove the officer had some reason to behave maliciously towards them.
Cases of excessive force are a lot more complicated then other cases due to the permission officers have to use as much force as they deem necessary to get the job done. In order to win an excessive force case a person needs to be able to prove that any other person would have used a lot less force had they been presented with the exact same scenario the officer had been in.
No matter how badly a person has been abused by an officer and what claim they want to make against them, they should get in touch with a lawyer who specializes in cases of police brutality as soon as possible. There is obviously no guaranteed way that a person can win their case or come out on top even with an attorney by one’s side, but it is vital to make the step of hiring one in order to maximize one’s chances of winning their case.
Too often, individuals are afraid to take legal action against officers because of their fear of what the officer can do to them afterward with all the authority and power they possess. Anyone who has experienced harm through an officer should speak out despite this fear because only by speaking out will officers be held accountable and the rates of police misconduct decrease