The public trusts law enforcement agencies to uphold, preserve, and protect the law. Unfortunately, some individual agents of law enforcement and even policies set forth by the agencies themselves violate the very principles of the cause they are to defend: justice.
Oftentimes, juries and the public believe that because an individual was breaking the law, officers are permitted to do so as well, throwing away the civil rights granted to us as Americans through the United States Constitution. Our Constitution, however, is clear; people who have been arrested or detained still have the same civil rights they did before their arrest. These rights are made clear in the Constitution and its amendments; specifically, several included in the first ten, known as the Bill of Rights.
Constitutional Provisions Against Police Misconduct in Nebraska
In order to protect citizens against police misconduct and prevent officers from abusing the power they are given, there are many rules set up in the U.S. Constitution and its amendments. Under the Fourth Amendment, authorities cannot search or seize the property of a suspect, or arrest him or her, without a specific warrant created for these actions or with probable cause, meaning that officers had enough evidence to believe a crime had been committed. Police who commit such acts without a warrant or probable cause is guilty of illegal search and seizure and/or false arrest.
In addition, the Fifth Amendment sets in place the need for due process of the law, prohibiting unlawful trial and leading to the creation of the Miranda Rights. Every suspect arrested must be read their rights by an authority when placed under arrest in order to guarantee that he or she knows what they can do and what can be used against them during an arrest and trial. Among the rights given by the Eighth Amendment, arrestees cannot be subject to excessive bail or fines, and cannot be subjected to cruel and unusual punishment, such as torture.
While these are just some of the laws set to uphold citizens' rights and prevent abuses of power by authorities, there are many more detailing further rights. Unfortunately, these laws can still be broken and unlawful actions hidden by officers of the law.
Types of Police Misconduct in Nebraska
As interaction with police officers occurs during many steps of a criminal investigation, there are many chances for, and many types of, misconduct. Types of misconduct include:
- False arrest;
- False confession;
- False imprisonment; and
- Falsified evidence;
- Illegal search and seizure;
- Racial profiling;
- Sexual abuse;
- Surveillance abuse;
- Various forms of police corruption.
These types of misconduct can result in physical and emotional injuries to a victim, but can also lead to undeserved penalties due to its relation to prosecuting and convicting individuals for criminal activities. Depending on the number of officers involved and the type of misconduct, these actions can easily be covered up or presented as necessary and legal by a police department.
Nebraska Police Misconduct Attorneys Provide Legal Representation for Victims of Police Abuse
Being subjected to police misconduct may lead to a variety of underserved consequences for victims, such as undeserved imprisonment and severe injuries. If you believe that you or a loved one has had their civil rights violated by the actions of police, contact the Nebraska police misconduct attorneys at Cullan & Cullan LLC at (402) 882-7080 today. We have years of experience in the field and can aid you in finding compensation for the losses you have suffered.