From a young age, we’re all taught to trust the police. Their job is to make sure that we live in a safe, crime-free world, after all. But that doesn’t mean policemen are always right. In fact, police misconduct has become more rampant in society today hence the need to know your civil rights.
Some police may even violate your civil rights. And when that happens, it means the police are behaving unlawfully.
If you find yourself in this situation, here are some civil rights violations to watch out for and what you should do to protect yourself.
Civil Rights Exist to Protect Basic Human Rights
Civil rights were created to protect citizens from discrimination against their race, nationality, religion, and gender, among many others. That way, people all over the country can live without fear of violence and exploitation just because of the most basics parts of their identity.
Sadly, there are still people today that don’t respect these rights—and some of them are police officers who abuse their power.
People who fall victim to police misconduct and brutality are usually stuck between a rock and a hard place. If it’s the police who are breaking the rules, who should you even run to?
Even if the police have a great deal of power over ordinary citizens, it might be comforting to know that even they aren’t above the law. The Civil Rights Division of the Department of Justice addresses about 6,000 civil rights cases every year.
Victims can receive compensatory damages for their losses resulting from police misconduct (like medical expenses). They can also get exemplary damages if it’s proven that the police were extremely oppressive or malicious in intent.
But most importantly, the perpetrators are stripped of power and put behind bars to keep the rest of us safe.
When is There Unlawful Action by the Police?
Excessive use of force
Police misconduct is sadly most often seen in incidents of police brutality, which is when an officer uses unnecessary violence on a citizen when attempting to de-escalate a situation. It can come in many forms, from hitting to shooting a person, which can lead to personal injuries or even death.
Keep in mind that even if you argue or raise your voice at a police officer, they don’t have the right to harm or use excessive force on you. At most, all they can do is restrain you.
If you’ve fallen victim to a police officer’s excessive use of force and have gotten hurt in the process, we recommend hiring a lawyer to help you file a personal injury claim. Seeking legal advice is one of your rights after sustaining an injury caused by another party.
With the help of a seasoned attorney, you should be able to prove that the police officer used an unreasonable amount of force on you so you can win the case.
Sexual misconduct
Sexual assault is the second most-reported kind of police misconduct. It can happen in the form of rape, harassment, or extortion by the police. This usually happens to women and young people, especially those pulled over on the road late at night.
If you feel like an officer has assaulted you in any of these ways, it can be scary to report it back to the police. Instead, get an attorney to help you to come up with a report and a statement before you file a complaint. A lawyer specializing in civil rights or women’s rights would be perfect for this type of case.
False arrest
A false arrest is an unlawful act of being restrained and detained by an officer without probable cause. Officers can only arrest you or search your house when there is a warrant to do so or if they have enough reason to believe that you are a threat to others around you.
If you’ve been arrested or had your house searched without a proper reason, you and your lawyer need to prove that there was a lack of probable cause.
Malicious prosecution
This is when a police officer has a vendetta against you and files a criminal proceeding against you purely for malicious, personal reasons.
If you find yourself in this situation, you and your lawyer must work to prove that there was no probable cause to arrest or prosecute you. You also need to prove that the office does, in fact, have malicious intent behind the case.
Hate crimes
Lastly, we have hate crimes, which are becoming more prevalent in society today. These crimes are done against someone or their property because of their race, religion, sexuality, disability, or any other part of their identity.
Hate crimes come in different forms, from violent physical attacks to vandalism and arson. If you’ve been a victim of what might be a hate crime, seek medical attention right away (if needed) and get a civil rights lawyer.
Together, you can build a case to prove that the police officer involved acted unlawfully and was motivated by a prejudice against your race, religion, age, or another part of your identity.
Understand Your Civil Rights Regarding Police Misconduct
Civil rights were created to protect the basic human rights of everyone in the country, regardless of race, gender, and nationality. Sadly, authorities still abuse their power of immunity and violate these rights.
It can be scary reporting a case of police misconduct. After all, those reports go back to the police anyway, where they can simply dismiss your complaint. If you feel that a police officer has violated your rights, contact an attorney who can help you file and navigate a police misconduct claim.