New York Civil Rights And Criminal Defense Lawyers

Misconduct may lead to wrongful convictions

On Behalf of | Tuesday Mar 1, 2022 | Police Misconduct

The police investigate reported crimes, and investigations often involve questioning and interrogations. They may perform a search of someone’s person and property. In some scenarios, they may collaborate with informants to gain critical information and evidence against a suspect. When a suspect becomes a defendant and appears in a New York criminal court, the proceedings may reveal how the police handled the investigation involved violating the defendant’s civil rights.

The police and misconduct

Police misconduct could take many forms, and biased profiling, leading to an unjustified vehicle stop, is among the most common. If the police stop a driver without probable cause, any subsequent search or arrest may be unlawful. Unfortunately, such scenarios could lead to incidents of police brutality as illegal stops could spiral out of control.

When the police approach someone, they could ask the suspect questions. Since the person was not arrested or placed in custody, he or she may realize the police could use incriminating statements as evidence. Not everyone knows how the “right to remain silent works,” so a lot of people don’t invoke it. The situation could worsen in an interrogation room.

Further abuses committed by the police

The police could lie to suspects during the interrogation process or take other steps to coerce a confession. History shows that police officers have committed outright abuse, including torture, to procure a confession. A criminal defense approach becomes challenging when a suspect signs a confession unless the defendant provides evidence of police misconduct.

Planting evidence and beating suspects rank as extreme examples of police misconduct. Examples of these horrifying incidents occur, but more manipulative steps, such as interviewing a suspect without the presence of an attorney, may rise to pure corruption.