Police Misconduct

Police officers have a wide range of powers and authority over our daily lives. While many follow the strict guidelines governing use of these powers, some do not.

When law enforcement violates their oath of office and use their powers without justification or the right to do so, they’re engaging in police misconduct.

Different types of police misconduct are as follows:

False or Wrongful Arrest and Detention

False or wrongful arrest and detentions do not mean a police officer has to place you in cuffs for you to have your rights violated. Even a momentary stop and detention by a police officer can be a violation of your rights under the law. Police officers do not have the right to stop you based upon your race or the way you look. They have to have reasonable suspicion or probable cause that you were involved in a crime.

Malicious or Wrongful Prosecution

When a police officer press charges against you without probable cause or the legal right to do so, he or she is engaging in malicious prosecution. They, and their employer, are then potentially liable for all the money you spend defending yourself, emotional pain and suffering, and psychological injury and torment you experience enduring a wrongful prosecution.

Fabrication of Evidence

This occurs when police officers lie about the circumstances surrounding your arrest and prosecution or ‘create” evidence justifying their actions. Police officers are required to swear under oath that you committed the crime(s) they arrested you for. When they lie or create evidence, they are not only violating your rights but committing a crime themselves.

Assault, Battery, and Excessive Use of Force

When detaining or arresting you, police officers are only allowed to use force that is reasonable and necessary to accomplish this task. Any force in excess of that is an unlawful use of force and an assault and battery. If you are in compliance with an officer’s orders and not resisting arrest, police officers are forbidden from using force to take you into custody.

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