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Albuquerque Civil Rights Attorney Discusses Police Misconduct
16 Nov 2015

Albuquerque Civil Rights Attorney Discusses Police Misconduct

Albuquerque Civil Rights Attorney gavel and booksIf you feel that your civil rights have been violated due to police misconduct, contact your local Albuquerque civil rights attorney to assist you. Police officers have a job to do, just like most of us. Unlike most of us, police officers are given a wide arrange of power to utilize while performing their duties. However, the power that a police officer has is governed by the Constitution and other laws that are in place to protect citizens from government abuse. When the police overstep their power boundaries, you may end up becoming a victim of their misconduct. If you are a victim of misconduct, then you may be able to have recourse through the legal system. Your Albuquerque civil rights attorney can help you understand the laws and receive compensation for their misconduct.

Police Immunity

Police officers are subject to a certain amount of immunity when it comes to doing their jobs. An officer may stop a person who matches the description of a suspect to question them. The officer is covered under immunity for an interaction like this one. The person being stopped will not be able to sue the officer for stopping and questioning them. Unless the citizen’s Constitutional rights have been violated by the officer, then they will be covered under immunity. Your Albuquerque civil rights attorney can help you understand what situations are covered by their immunity.

Your Civil Rights vs. Police Misconduct

Your Albuquerque civil rights attorney will know what statutes cover your rights when dealing with police misconduct. The most common complaints against police officers include malicious prosecution, false arrest, and the use of excessive force. Malicious prosecution is defined as when an officer of the law deprives a citizen from their right to liberty which is covered under the Fourteenth Amendment. In order to prove that your Constitutional right was violated, then you must show: a lack of probable cause, malice towards you (the victim), the police officer acted in a criminal manner, and that you were ultimately not convicted of the crime. False arrest is one of the most common claims brought up against a police officer by a victim. A false arrest means that an officer of the law violated your Fourth Amendment rights by conducting an illegal search or seizure. If the officer can prove that there was probable cause, then they have not violated any of your civil rights. In order to have a successful false arrest case, then the victim must show that there was a lack of probable cause for a search and seizure. This means that a reasonable person could determine that there was a lack of factual evidence to warrant a search being conducted. Excessive force from a police officer against a citizen gets a lot of attention in the media. A use of excessive force could be considered as reasonable, just depending on the situation. The officer’s motivation for the excessive force is not taken into consideration, rather if the force they used was not warranted for the situation that was unfolding. A victim’s civil rights can also be violated if an officer of the law fails to intervene and protect their civil rights. If an officer witnesses another officer committing a violation of a person’s civil rights, then they are obligated to intervene and protect that citizen. Failure to do so can be a violating of their rights.

Contact Your Albuquerque Civil Rights Attorney

For an experienced professional, contact your Albuquerque civil rights attorney today from Twohig Law Firm at (505) 898-0400. Twohig Law Firm has the Albuquerque civil rights attorney who will help you fight for your civil rights!

 

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