When you are stopped by police officers, you might feel a variety of emotions. You might be angry. You may feel disbelief. You might feel unsettled. While there typically isn’t anything you can do if you are stopped by an officer, there are some instances in which your civil rights might be violated. This can lead to claims against the police officer.
One thing that you have to know here is that police officers are often provided immunity from claims. There are certain circumstances that don’t fall under the possible immunity. There are a few different types of claims that you might make against police officers. Here are some of the most common.
Police brutality or excessive force
Police brutality, or excessive force, is something that has always been an issue. It is a problem that was really brought to light when the Rodney King incident occurred. This is sometimes a hard case to prove, but with the popularity of cameras on smartphones, it might be a bit easier now if the incident is recorded. Of course, this is still going to be a difficult battle.
This is another challenging claim because there are so many variables. The primary concern here is whether your Fourth Amendment rights were violated or not during the arrest. This is the most common claim against police officers.
This is a claim that is based on malice toward the victim. It can only occur when the victim isn’t convicted and there isn’t any probable cause present in the case.
Ultimately, claims against police officers can be difficult to make. It is possible, so don’t let the complexity of these cases stop you from taking action.
Source: FindLaw, “Police Misconduct and Civil Rights,” accessed May 17, 2017