Jacksonville Police Brutality Lawyer

In the United States, individuals are protected from police brutality and other forms of misconduct by the Constitution. Specifically, the Fourth, Fifth, Eighth and Fourteenth Amendments offer these protections.

Fourth Amendment — This amendment protects individuals from unreasonable searches and seizures. In most cases, searches and seizures must be approved by a judge. In routine traffic stops or patrols, police officers must have “probable cause” that a crime has been committed before conducting a search of someone’s person or property.

Fifth Amendment — The Fifth Amendment contains a “due process” clause and protects people from self-incrimination. As a result of the Fifth Amendment, law enforcement officers must read people their “Miranda” rights when making an arrest, advising them of their right to remain silent. If this statement is not made at the time of arrest, an argument can be made that a person’s Constitutional rights have been violated.

Eighth Amendment — This amendment protects people from “cruel and unusual punishment.” In police misconduct cases, this can apply to excessive force, physical or sexual assault, excessively harsh interrogation tactics, or even the denial of medical care to a person in custody.

Fourteenth Amendment — The Fourteenth Amendment states that no person shall be denied life, liberty or property without due process of law. This amendment can apply in cases where police violence resulted in death, unnecessarily harsh interrogation techniques, or excessive force resulted in injury.