The police are the front line of enforcement in the criminal justice system, and with their great power comes great responsibility. Police must abide by strict standards when investigating crimes and enforcing the law, and violating these rules and procedures can damage any case the prosecution might have against the accused. In many cases, charges of police misconduct can result in a case’s dismissal.
Excessive Force
Police can use physical force to fulfill their job duties, but only to a reasonable extent. Excessive use of force often results in permanent injuries and, in some cases, death. A police officer may be guilty of excessive use of force when they use a weapon that the situation does not call or use a technique that is forbidden, such as certain types of chokeholds. Police can use excessive force during arrests, traffic stops, and searches and seizures.
Illegal Search and Seizure
Generally, police need either probable cause or a search warrant to search a private location for evidence of a crime. The Fourth Amendment protects citizens from unlawful search and seizure by law enforcement officers. If the police search your home or car illegally, your attorney may be able to suppress any evidence they find and render it inadmissible in a court of law. Note, however, that police do not need permission to search the premises when arresting you or if there is anything illegal in plain sight. They can also legally search if the defendant explicitly gives them permission to do so.
Evidence Tampering or Mishandling
When police gather evidence, they must process it according to strict procedures to preserve its integrity. If the police mishandle or otherwise intentionally tamper with evidence, that evidence may be considered inadmissible in court. For instance, mishandling forensic evidence like blood samples or fingerprints can cast doubt on the validity of any conclusions the prosecution might draw from the evidence in question.
Coercing Confessions
Confessions are usually considered the gold standard of evidence in criminal trials, but false confessions happen and lead to false convictions. The police may be guilty of coercing a false confession if they use threats of force, violence, or physical abuse tactics.
Racial Profiling
Washington has strict laws against officers using race, ethnicity, religion, or nationality as a factor when deciding enforcement action or suspect detention without lawful cause. An example of racial profiling might be an immigration officer targeting visibly Black, Asian, or Middle Eastern individuals without any evidence that the individuals had committed a crime.
False Arrests and Imprisonment
Police must meet several legal criteria before they can arrest someone. If they arrest and detain a suspect without any probable cause, they can be guilty of false arrest and imprisonment. An officer may be guilty of false arrest or imprisonment even if they illegally detain the suspect for a short period.
Witness Intimidation
Witness testimony can be a key form of evidence that both the prosecution and defense rely on to corroborate their versions of events. Witness intimidation occurs when the police use violence or the threat of violence or retaliation to pressure a witness to withdraw their statement or not testify in a trial. The police may also try to bribe a witness into not testifying, whether through the promise of cash, gifts, or favors.
Police Misconduct Attorneys in Seattle
We trust the police to enforce the law properly, but the reality is that police misconduct is a serious problem in the U.S. The rights of the accused deserve respect, and police may violate your rights when arresting you. As such, it’s in your best interest to work with an accomplished criminal defense attorney. Contact Stritmatter Kessler Koehler Moore online or call today to speak to a criminal defense attorney in Seattle.
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