New York Civil Rights And Criminal Defense Lawyers

Police Misconduct

What to know about filming police activity

Police bear a commitment to serve and protect. Nonetheless, some of them violate our rights. When law enforcement brutality occurs, Americans suffer at the hands of government officials. We must stop this injustice. One method of fighting back against police misconduct is by filming. The video we capture can play a vital role in holding authorities accountable. The freedom to film police Every citizen has a First Amendment right that allows making movies in public. Should you be in the presence of an officer abusing someone, hit record. If you are the one in handcuffs, ask a passerby to...

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Important statistics about excessive use of force by police

The excessive and lethal use of force by law enforcement has been a concern for many decades. However, the mainstream conversations about this topic sometimes fail to capture the severity of the problem. Many studies and data paint a worrying picture about police use of force in the United States. Here are some statistics that all people should know. Most police departments decline to share data Many advocates of criminal justice and police reform would argue that accurate and complete data is essential to understanding and addressing the problem of excessive use of force. Unfortunately,...

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Misconduct may lead to wrongful convictions

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...

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Police brutality continues to be a hazard

Incidents of excessive brutality by police officers continue to be reported in New York and across the country. If you have been a victim of this type of action, you may be wondering what to do next. Incidents of brutality continue to be reported Police brutality has been addressed in a series of recent reforms. These measures have been adopted in New York City as well as other areas. However, many activists maintain that the measures taken have been nowhere near as thorough as they should be. Incidents involving no-knock warrants and excessive brutality, sometimes fatal, continue to be...

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New York police officers face probation if they abuse their power

New York police officers interact with residents and visitors every day. Members of the NYPD  have a duty to fight crime, enforce the law and protect the lives and property of citizens. They also have considerable power to use force or restrict the freedom of individuals. If police officers overstep their authority, they face probation and possible dismissal from the force. High standards New York police officers protect the safety and security of those who live and work in the city. They have discretion in the way they go about their duties but face disciplinary action if they go beyond the...

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Police misconduct could be more common than believed

Anyone who runs into trouble with the law likely wishes to receive fair treatment from the police. While most New York law enforcement officers follow the rules, some do not. Such instances could be far more than unprofessional behavior, as the officers may outright violate a suspect's rights. Some scenarios involve abuse, manufacturing evidence, and other illegal actions. Worries about police misconduct Isolated incidents of police misconduct are nothing to ignore, as any examples of law enforcement wrongdoing reflect a blight on the state. Continuing instances of police misconduct might...

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Why is it so hard to prove police misconduct?

High-profile cases of police abuse, in New York and across the US, in the last decade have put the spotlight on police conduct. Along with that conversation has come how to hold law enforcement accountable for their wrongful actions. Unfortunately, that is easier said than done for reasons that we will explore here. The issue of police union contracts, which are written to favor the police and make accountability less transparent, is front and center in the discussion. Police, including in big cities like New York where they can generate lots of political power through their organization....

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Dealing with police misconduct: Need to know

In New York, police misconduct is an act of intentional, recklessness or negligence that breaches law enforcement's responsibility to protect and respect the public. Besides physical conduct, police misconduct can entail harassment, humiliation, false confinement and even loss of work and wages. Examples of police misconduct The circumstances entailing inappropriate police conduct include the following. False arrest Police need just cause to detain a person. If probable cause isn't visible, law enforcement has violated your civil rights. Reckless driving If conditions require, law...

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Do officers have confidence in their stun guns?

Recently, a Minnesota police officer made national headlines when she gunned down a man. When explaining the officer's actions, the chief of police claimed she had mistaken her service weapon for a less-lethal stun gun.   Even though there are plenty of stories about officers misusing stun guns, reaching for one may keep an officer from killing a suspect, bystander or someone else. Regrettably, though, officers with the NYPD may be losing confidence in their stun guns.   Stun guns may be less effective According to a recent study, stun guns may be less effective at subduing individuals than...

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Does police misconduct lead to convictions?

Interactions with the police may result in arrest. Regrettably, some defendants find themselves in a New York criminal court due to police misconduct. Although the accused have rights, those rights may end up violated when false evidence and perjury impact the proceedings. Victims of gross police misconduct might take civil actions while also addressing the misconduct in criminal court. Instances of police misconduct While mistaken identity and faulty eyewitness testimony might account for many wrongful convictions, official misconduct factors more than the average person realizes. The...

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