The police are responsible for protecting members of the public, and the majority of them work hard to do this, putting themselves in danger on a regular basis. Unfortunately, some arrests don't go as planned. Whether a police officer uses excessive force because he or she is frightened, because of a prejudice against the suspect, or just because the officer is a bully, it can end up causing permanent damage to the suspect. It can also hurt the prosecutor's case and give a criminal defense attorney one more way to help innocent people protect themselves. Here's a look at the laws surrounding excessive force, as well as how they apply to you.
What is Excessive Force?
Simple use of force to apprehend or subdue someone doesn't necessarily count as excessive. The police have the right to hurt or even kill someone who is a major threat to the officers or other people. Police officers must adhere to a strict set of rules about how much force they can use in any given situation. When they violate these rules, the force is considered excessive.
Common examples of excessive force include when officers beat or otherwise use physical force against someone who is already in custody and is no longer resisting, when they use a weapon against people who do not have or appear to have weapons of their own, or when they use force to attempt to make witnesses or suspects make a statement. While almost anyone can be a victim of excessive force, the problem is much more common among ethnic, racial and sexual minorities, as well as people with physical or mental disabilities.
Criminal Defense and Excessive Force
If you have been a victim of excessive force, frequently known as police brutality, then you have the right to sue the police. The lawsuit you bring must allege that the police officer violated your Fourth and Fourteenth Amendment rights, as well as the Civil Rights Act. In state courts, you may also have similar protection. If you have a friend or loved one who was hurt or killed, you may be able to bring a wrongful death or police negligence claim against both the officers who are responsible and the police department in general.
The use of excessive force by an arresting officer can also affect your criminal defense options. If the police used force to extract a confession or other information from you about a crime, you and your criminal defense attorney can use this to have the evidence thrown out of court. It's best to document the evidence of excessive force immediately and as well as you can. If there are videos or audio recordings of the incident, this can do a lot to help your case, but most people have to rely on documenting injuries and other side effects.
Remember that you can file a complaint and ask that the local or state police departments investigate the officer's actions even if you do not have the resources to sue. No one, not even members of persecuted groups, should have to put up with excessive force and brutality by the police. It can be difficult to get justice when a police officer has treated you badly, but it's important to make an effort.
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