The Constitution vs. Police Misconduct
The Constitution lays limits on the police actions to protect you from inappropriate and illegal behaviors, so the law enforcement officers don’t cross the line while performing their duties.
The Fourth Amendment defends people from “unreasonable searches and seizures”. Generally, the application of these procedures must be previously approved by a judge. In cases where a warrant cannot be gotten straightaway, a search is only justified when there is probable cause to do so.
For example, if the police search your house without a valid warrant or lacking a reason to believe that a crime has been committed, then your Fourth Amendment rights are being violated.
The Fifth Amendment protects individuals from testifying against themselves. Also, if someone is taken into custody, they have the right to remain silent according to the Miranda Warning, which should be read to them during the arrest. This amendment makes sure the detainee has access to due process of law.
Being forced to answer questions about the commission of a crime before being advised by a lawyer, or without their presence during the interrogation process, are examples of the violation of the Fifth Amendment and are also cases of police misconduct.
The Eighth Amendment states that excessive bails or fines are prohibited. Besides, it defends people from “cruel and unusual punishments”, which, according to dictionary.com, include “torture, deliberately degrading punishment or punishment that is too severe for the crime committed”.
Being a victim of excessive use of force while in custody; being sexually assaulted or raped by an officer while in jail; living in inhuman conditions during imprisonments, like food and water deprivation; are examples of the violation of this amendment.
Both the Fourteenth Amendment and the Fifth Amendment defend people’s rights to due process of law. No one shall be deprived of their life, liberty, or property without due process. The Fifth Amendment applies only to the federal government and the Fourteenth Amendment expands these protections against police misconduct to the states.
When a law enforcement agent intentionally and wrongfully accuses someone of a crime and starts criminal procedures against them, The Fourteenth Amendment is being violated.
Usually, cases against officers may be difficult. If you are being a victim of police misconduct, it is strongly advised to get in touch with a legal expert to help you defend your rights and successfully get through this situation.
More on Police Misconduct:
- About the Law Enforcement Misconduct Statute
- Agreeing with a search warrant
- Common types of Police Misconduct
- Deliberate Indifference
- Filing a police misconduct complaint
- How do I report Police Misconduct?
- Physical Assault
- The OJP Program Statute
- The Americans with Disabilities Act
- Police Misconduct in the US
- Laws Enforced by the Department of Justice
- Police Misconduct Provision
- What information should I include in a Complaint to DOJ
- Police Misconduct: A Violation of Your Rights
- See an Attorney about Police Misconduct
- Understanding Police Misconduct and Civil Rights Violations
- What is Police Harassment?
- What counts as Police Misconduct?
- Advice from a Police Misconduct Attorney
- Your Legal Options after Suffering a Wrongful Arrest
- How to Legally Act Against Police Brutality and Misconduct
- How to Tell If You Are the Victim of a Wrongful Arrest
- How to Pick a Civil Rights Lawyer for Police Misconduct Cases
- Defenses You May Use as a Police Officer Against Alleged Police Misconduct
- What to Do When You Sustain Injuries Due to Police Misconduct
Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California. Call or email us for a free consultation.