When facing an arrest, it is important to assess whether the police violated your rights during the process. This is an important step in defending your case and ensuring a fair criminal justice process.
It is important to be aware of these three ways the police could violate your rights when arresting you so you can include them in your defense.
1. Probable cause and warrant requirements
Evaluating whether the police had sufficient evidence or information to establish probable cause is important, as lacking such evidence can render your arrest unlawful. Additionally, in some situations, an arrest may require a warrant. You need to determine whether the police had a valid warrant when arresting you.
2. Use of excessive force
Law enforcement officers have the authority to use reasonable force to effectuate an arrest or protect themselves from harm. However, if the police used excessive force during your arrest, such as engaging in unnecessary physical violence or using Tasers or pepper spray without justification, it can violate your rights. Actions that result in severe injuries are also indicative of excessive force.
3. Miranda rights and right to counsel
Your rights during an arrest also encompass informing you of your Miranda rights and having the right to legal counsel. If the police failed to properly inform you of your rights, any statements you made during the arrest could potentially be inadmissible as evidence. Similarly, if you requested an attorney and the police denied you access to one during the critical stages of the arrest, it could constitute a violation of your rights.
If the police violated your rights during the arrest process, it can have significant implications for your case. Exclusion of illegally obtained evidence or statements made without being properly informed of your rights can weaken the prosecution’s case and potentially lead to the dismissal of charges. Rights violations can also result in civil actions against the police department.