Police Misconduct Defined

Police Misconduct is when law enforcement partakes in legal or unethical activity while performing their duties. A historically common form of Police Misconduct is Police Brutality, which occurs when law enforcement uses excessive force that can lead to injury or sometimes even death. However, Police Misconduct is not one-size-fits-all and can occur via sexual assault and fraud.


What Protects Me from Police Misconduct?

We are all protected from Police Misconduct under the 4th amendment, preventing illegal search and seizures, and the 14th amendment, guaranteeing equal protection under the law. It is important to note that citizenship is not a requirement, meaning undocumented individuals have the same rights. We also have protection under the Universal Declaration of Human Rights; while not necessarily enforced in the same way as the US Constitution, it still prohibits an individual's right to life from being threatened, which could happen through Police Brutality.


What should I do if I experience Police Misconduct?

Here are some tips if you find yourself to be a victim of Police Misconduct:

  • While this may be difficult in the moment, please remain calm; you do not want to act on initial emotions that will not work in your favor.
  • If you can, record the incident on your smartphone.
  • Ask the officer if you are under arrest or being detained.
  • If you are arrested, be sure to ask for an attorney and remain silent, remember what you say can and will be used against you.
  • If you can write down what you remember:
  • Name of the officer
  • Law Enforcement Agency
  • Names and quotes for potential bystanders

 

  • Lastly, contact an attorney you can trust!



If you feel your rights have been violated or you have experienced police misconduct or police brutality please click here to fill out this form and someone from our firm will contact you within 24 hours.

 

Nothing in this blog post should be taken as legal advice.

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