New York Civil Rights And Criminal Defense Lawyers

Disrespecting police may lead to an unlawful arrest

Whether you are attending a rally or simply running errands, you may encounter a member of law enforcement. While being polite may help you avoid a conflict, you have no general legal obligation to respect the police.

Still, disrespectful behavior may lead to an unlawful arrest. If you believe an officer has arrested you for simply not being respectful enough, you may have a valid civil rights claim for this type of police misconduct.

How respect-related arrests happen

Regrettably, there are many new reports about officers making up facts to support arrests. These reports indicate that respect-related arrests may happen in a variety of situations.

For example, an officer may temporarily detain you to see if you are in the possession of a controlled substance. If you try to assert your legal rights, the officer may handcuff you and falsify an official report.

How you can fight back

You do not have to tolerate a respect-related unlawful arrest. If you believe an officer has arrested you without legal cause, you may a ready way to fight back.

You may be able to file a civil rights complaint under federal law. If you go this route, a federal court has jurisdiction to hear the matter. Then, you may choose to claim a violation of your Fourth Amendment right to be free from unreasonable searches and seizures.

Because your arrest is a type of seizure, an officer must have probable cause to detain you. By itself, disrespecting a police officer is not usually sufficient probable cause to support a lawful arrest.

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