Excessive force by law enforcement is a serious violation of rights and can lead to physical harm and distrust in the police and authority figures. It’s essential for everyone to know and understand their rights during police interaction, to ensure maximum safety and protection. Despite being trained to look after citizens, there are cases where excessive force is used.
Below we discuss your rights in more detail so you know how to protect yourself in such situations.
The Right to Remain Silent
If you are stopped by the police for any reason, or you are detained, you have the right to remain silent. Even if the police keep probing you, you do not have to answer any questions.
They may use tactics like this against people who don’t understand their rights or are caught off guard, but you are under no obligation to say anything if you don’t want to. Politely explain that you are waiting to speak to your attorney. This is not a sign of guilt and cannot be used against you.
The Right to an Attorney
Everybody has the right to an attorney, even if you cannot pay for one yourself. If you are detained by the police, you have the right to wait for an attorney to be provided for you before you undergo further questioning.
It’s best to wait for a trained professional to help you handle anything to do with the police, as you don’t want to incriminate yourself or say something that could be used against you, as everything will be recorded during questioning.
The Right to Be Free from Unreasonable Searches
The Fourth Amendment of the U.S. Constitution protects individuals from being unreasonably searched by the police. This means a police officer cannot search you for no reason, especially without a warrant or probable cause.
Being unreasonably searched may be caused by implicit bias, which means a police officer is allowing a prejudice or stereotype to cloud their judgment. If a police officer uses excessive force after you’ve refused to be searched, this is completely illegal and should be followed up with an excessive force lawsuit.
The Right to Refuse Consent
You also have the right to refuse consent to a search of your person, property, or belongings. If the police request permission to search you, your vehicle, or your home, you can decline to let the officers know you do not consent to a search.
Please note that refusing consent doesn’t give the police the right to use excessive force to search you. They may have to take you down to the station instead or come back with a warrant.
Understanding your rights against excessive force by the police is vital for protecting yourself and ensuring that law enforcement officers follow the correct regulations. Interactions with the police can be intimidating, but officers should never make you feel fearful or distrustful. If a police officer has used excessive force against you or a loved one, you have the right to make a complaint and file a lawsuit.
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