Officer Misconduct

While police officers undoubtedly put their lives on the line for communities every day, there are also times that officers behave in ways that fall outside the lines of the law. When that happens, everyone is at risk.

Expectations 

There are all kinds of rules—both legal and procedural—that are designed to protect the rights of people in this country. Civilians can reasonably expect that those entrusted to serve and protect will do just that. Violations of any legal/procedural  requirements can lead to problems for prosecutors at best, and serious harm or death at worst.

Neglecting Probable Cause Requirements

One of the most crucial expectations is the requirement that law enforcement have probable cause before stopping and/or searching anyone.  Simply looking “suspicious” because of one’s race, ethnicity, or attire doesn’t cut it.

Warrantless Searches 

Police must demonstrate to a judge that they have probable cause in order to obtain a warrant to search a home, vehicle, or other space. The exception is when they have verifiable probable cause without a warrant, such as when a traffic cop catches you speeding or veering from lane to lane. If they pull you over and see or smell drugs, for example, a further search of the vehicle is acceptable. Otherwise, they have no right to search.

Surveillance Abuse 

While legal surveillance occurs every day, the abuse of surveillance could be anything from looking up the license plate of an attractive woman to running a background check on your daughter’s boyfriend or spying on a spouse who is suspected of cheating. None of it is ok.

Intimidation 

Law enforcement officers are not supposed to intimidate subjects as a way of getting false confessions. Nonetheless, this happens all the time. Whether it’s the conditions of the room (small and hot, for example) the length of the interrogation, outright threats, or questioning prior to Mirandizing a suspect, will all be considered by the court if a confession is challenged.

Use-of-Force Violations 

Police brutality is a ripe concern, especially now that cameras are everywhere, and frequently capture unnecessarily violent actions by police. Officers are required to utilize the least amount of force possible in any given situation. When that rule is ignored, the results can be deadly.

Some Facts 

According to recent research, almost half of charges that police face involve claims of serious violence. While not every police killing is legally problematic, many have certainly been challenged. And the number of killings over the years is startling:

• Police killings in 2023 totaled 1,163;
• The number of civilian killings as of May 2024 is 469;
• The rate of killings for Black Americans is significantly higher than the rates for other ethnicities.

Defending You 

The Kissimmee criminal defense attorneys at Salazar & Kelly Law Group know that violations of acceptable police behavior occur regularly. If police misconduct occurs, it can have a grave impact on a prosecutor’s ability to convict.  To discuss your situation, schedule a confidential consultation in our Kissimmee office today.

Source:

halt.org/things-cops-do-that-are-illegal-what-a-police-officer-cant-do