Call Us Today for Legal Advice in WRONGFUL DEATH, CIVIL RIGHTS, POLICE/JAIL MISCONDUCT and SEVERE INJURY.

JAIL SUICIDE AND DEATH: Haddad and Sherwin is currently representing families of people suffering WRONGFUL DEATH in jail. Click here...

POLICE SHOOTING / WRONGFUL DEATH: Haddad and Sherwin is currently reviewing and investigating POLICE SHOOTINGS and WRONGFUL DEATH cases. Click here...

WINNING MAJOR REFORMS: Improving training and policies to prevent future violations. Click here...

The Constitution vs. Police Misconduct

This content about police misconduct was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.

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.

Fourth Amendment

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.

Fifth Amendment

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.

Eighth Amendment

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.

Fourteenth 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.

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.

This content was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.