Police officers cannot conduct searches and seizures without a warrant or probable cause, unless the person is already under arrest.Individuals need to understand their legal rights when interacting with police officers.Įxamples of actions taken by police officers that may be considered wrongful or illegal: In addition to false arrests, there is a long list of things that cops cannot do legally while performing their jobs. Other Examples of Police Misconduct and Wrongdoing Other forms of police misconduct could lead to the use of the exclusionary rule. It discourages law enforcement agencies from using arrests as an unlawful way to obtain more evidence when they do not have enough evidence or probable cause to support an arrest. The exclusionary rule protects individuals from having their rights violated. Without that evidence, there may not be a valid case against the person. The exclusionary rule prohibits prosecutors from using evidence obtained during an unlawful or false arrest against a defendant in court. If a police officer arrests a person without cause, any evidence obtained pursuant to the wrongful arrest is inadmissible in court.
False or Wrongful Arrests can Lead to Evidence Being Thrown Out However, false arrests can also violate a person’s Fourteenth Amendment to the right of due process and the person’s Eighth Amendment right not to be subject to cruel or unusual punishment. Because the officer did not have probable cause to believe a crime had been committed, the officer violated the person’s Fourth Amendment rights. The officer arrested a victim without probable cause. The person arrested had attempted to file several complaints against the police officer. However, some officers misuse arrests for various reasons.Ī police officer in Providence, KY, was found guilty in 2018 for wrongful arrest. Arrests are made when a person is suspected of committing a crime.
Police Officers Cannot Abuse Their Power to Arrest Individuals Without CauseĪrresting a person is a powerful tool for law enforcement. Some of the actions that police officers take during the course of their jobs may be considered illegal if those actions violate your civil rights. However, general crimes are not the only things that a cop can do that would be illegal. The officer can serve time in prison, pay fines, and be on probation. If a police officer is guilty of domestic violence, hit and run, or any other crime, a judge can sentence the officer to the same punishments as you face. Police officers who commit crimes face the same criminal penalties as other citizens. In either case, the law holds the officer accountable for his or her actions. When they make errors or cross the line into illegal conduct, they can be held accountable for their wrongdoing.Ī law enforcement officer may not commit a crime while on duty or off duty.
0 kommentar(er)
