Things Cops Do That Are Illegal: What a Police Officer Can and Cannot Do
Police officers are sworn to uphold the law, but they are not above it. Like all citizens, they must follow legal and constitutional guidelines in the course of their duties. While many officers act within the bounds of the law, incidents of police misconduct happen more often than many people think. In fact, the U.S. Department of Justice regularly investigates violations of constitutional rights involving law enforcement.
If you live in Tucson, AZ—or anywhere in the U.S.—it’s vital to understand your rights during interactions with police. Knowing what officers are legally permitted to do and recognizing when they cross the line can empower you to protect yourself and respond appropriately if your rights are violated.
Examples of Things Cops Do That Are Illegal in Arizona
There are many examples of police misconduct that could result in violations of your rights. Some illegal acts by police officers even result in injuries and deaths.
Things that police officers cannot legally do include:
Use Excessive Force
Excessive force exceeds the force reasonably necessary given the circumstances. The use of excessive force can include deadly force, such as shooting an unarmed suspect. However, pinning a person to the ground or kicking them when they are handcuffed can also be examples of excessive force. The primary factor is whether the force was disproportionate to the threat.
Planting Evidence
It is illegal for police officers to plant evidence to gain probable cause for an arrest or provide evidence for a conviction. It may be difficult to believe that a police officer would plant evidence. However, officers may plant evidence to protect themselves when they make a mistake or error that could result in reprimands or termination.
Coerced Confessions
Police officers can lie when they interrogate a suspect. Therefore, you should never believe an officer in an interrogation room. You should always exercise your right to remain silent and have a lawyer present during all questioning. An officer cannot use threats or coercion to obtain confessions.
Unlawful Searches
Officers must have probable cause or a valid search warrant to perform a search of your house, your person, or your vehicle. Probable cause is the reasonable belief that a crime is being committed or has been committed.
It can be dangerous to try to stop a police officer from performing a search. However, you should state that you do not consent to the search. A skilled criminal defense attorney can file a motion to suppress evidence obtained from an illegal search. Evidence from illegal searches is not admissible in court.
Lying in a Police Report
A police officer may include false allegations or details in a police report to cover up their misconduct or fabricate evidence. An officer may embellish details or lie about a major fact. It can be difficult to fight false statements in police reports, as judges tend to believe police officers more than criminal defendants. It requires strong evidence to overcome a police officer’s lie.
Tampering with a Witness
Law enforcement officers may be guilty of tampering with a witness if they tell a witness not to testify or to provide false testimony. Witness tampering is a felony in Arizona.
Entrapment
Police officers are prohibited from coercing someone to commit a misdemeanor or felony offense. Entrapment happens when a police officer initiates the idea to commit a crime, urges or induces you to commit the crime, and you are not predisposed to commit the crime. Entrapment is an affirmative defense in criminal cases.
Sexual Assault
A law enforcement officer may commit sexual assault if they force someone to engage in sexual conduct against their will. For example, the officer tells a suspect that they will let them go if the suspect performs specific sexual acts. Officers may sexually assault a suspect who is in custody and unable to flee because they are handcuffed or detained.
What Should I Do if a Police Officer Violates My Rights?
If a police officer committed a crime or engaged in police misconduct, you may have several legal options available. In many cases, a law enforcement officer commits a crime or acts illegally during an arrest. Try to remain calm and exercise your right to remain silent. If you are injured, ask for immediate medical treatment.
Contact a Tucson criminal defense lawyer to discuss your case as soon as possible. Tell your attorney about the police misconduct. Your attorney will investigate your case and gather evidence to build a defense, including evidence of police misconduct.
Contact an Experienced Tucson Police Misconduct Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson Police Misconduct attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439