Law Offices of Johnson & Johnson

Cases brought against the police are not necessarily difficult to win; it’s just a matter of sorting the facts and ensuring that the case has a strong basis. There is no reason why suing a police officer should be any different than suing any other individual who has engaged in some sort of misconduct. With that said, the issue of qualified immunity can complicate matters. Under the law, qualified immunity protects police officers from being prosecuted for certain conduct. For example, if a police officer didn’t understand that what they did was wrong, or if there is no legal precedent for what they did, then the law may protect them. Under such circumstances, an officer might be excused from conduct that indeed violated the law and infringed upon a person’s constitutional rights.

What Factors Are Weighed When Deciding Whether An Officer Has Used Excessive Force?

Excessive force is generally measured by the reasonableness of the police officer’s conduct. In most cases, there has to be evidence of some sort of progression toward the use of force. Officers have a duty and responsibility to only apply an amount of force that is reasonably necessary under the circumstances. For example, if an officer immediately uses force or a weapon without any real justification for doing so and in the absence of any threat made by the individual, then that could be considered excessive force.

What Constitutes A False Confession? How Do You Prove It?

A false confession occurs when someone confesses to something that is not representative of what actually occurred. A false confession can result from a police officer taking someone’s statement out of context, which is why it is very important for statements to be recorded on video or audio—preferably video. Most lawyer would advise an individual against providing a statement to police until after they’ve spoken to a criminal defense attorney and received guidance as to whether speaking to the police is a wise decision. Police officers have been trained to wear people out and ask questions in a manner that elicits incriminating information that may or may not be true. In order to contest that, an individual will have to prove that the confession was wrong or attack the methodology of the police officer. For example, I once handled a case in which there was a video recording of an interview that led to a “confession.” I analyzed the tape in front of a jury, pointed out all of the promises and coercion that occurred during the course of the interview, and was ultimately able to show the jury that the “confession” was not an actual confession. In conjunction with the attack on a confession, there should be an attack on the evidence aided by an understanding of the training officers receive and the procedures they use. In some cases, experts might be utilized in the attack of a false confession.

How Common Are Instances Of Police Brutality?

I’ve been practicing this type of law since 1993, I’ve reviewed thousands of police reports, and received thousands of phone calls from people, and I can say that instances of police brutality are very common. Oftentimes, a person will be charged with resisting arrest when they were never engaging in illegal conduct to begin with.

For more information on Difficulty Of Cases Brought Against Police, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (925) 444-0838 today.

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