We think of police as people who protect our safety and prevent crime. To maintain the safety of the community, the police officers are eager to protect the public. Of course, our gratitude to these law enforcers.
Unfortunately, there are law enforcers who do not follow their sworn duty which results to the violation of the rights of the citizens.When this happens, the victims have the right to claim for legal actions against the abusive police as well as the department where they are assigned to.
If you think you and your loved one is a victim of a law enforcer’s abuse or you believe that you are a victim of the abuse of authority, you can consult a police brutality lawyer who has the experience in handling cases like this so that you will have your civil rights.
Police has full authority to do their duties. However, they must also know that they have limitations to these powers. Legal claims are provided when the police go beyond his limit in terms of his authority that resulted to the injuries of the victim.
Below are the various types of claims due to police brutality:
Police should only apply minimal amount of force necessary for their lawful duties. The force may be considered excessive based on the reasons why the police stop or arrest the person or how the person responded to the police’s demands, and other circumstances that may happen in the environment.
False arrest or imprisonment is another ground for legal claim. The police may have arrested the individual even if there is no warrant of arrest. The police must have a definite cause as to why he or she should arrest the individual like the person has been proven guilty of a certain crime.
The individual can claim for malicious prosecution when the police starts the proceedings without the definite cause, but with malice toward the victim, and the result of the proceedings is in the favor of the victim. This is because according to the law, no one should experience excessive emotional stress, financial expenses, and embarrassment, in any prosecution if there is no enough basis.
It is legal for police officers to use their force against any individual especially when they are provoked. However, it is punishable by law when there is an excessive force that leads to injury of death.
The police is liable for his action regardless of any reason why he uses excessive force. Most of the time, police brutality is considered hard and tricky. That’s why it is necessary to contact a lawyer that is expert in police brutality cases to help you with your case. In this manner, you will be able to get the justice you need.