Police Misconduct: When Policing Crosses the Line Into Illegal Action

Policing occasionally blurs the line between law enforcement and law-breaking. When officers engage in police misconduct, they can face discipline, civil lawsuits, and even criminal prosecution. Here’s what you need to know to protect your rights.

Defining Police Misconduct

The police must follow the same laws as everyone else. Moreover, officers must respect citizens’ Constitutional and civil rights while performing their duties.

Police misconduct happens when law enforcement officers breach these restrictions by committing acts that:

• Break the law
• Violate civil rights
• Exceed their lawful authority

The following are common examples of police misconduct:

Excessive Force

Virginia law defines excessive force as any force that’s unreasonable under the circumstances. This standard is legally objective, meaning the officer’s belief about the reasonableness is irrelevant. Instead, reasonableness is based on what an ordinary officer in the same situation would have done, considering factors like:

• The severity of the crime
• The threat to the safety of officers or the public
• Whether the suspect is resisting or evading arrest

The state also restricts when officers can use deadly force.

False Arrest

Under the U.S. Constitution, police officers can make arrests when they have an arrest warrant or probable cause to believe the suspect has committed a crime. A false arrest occurs when an arrest is made without a warrant or probable cause.

Racial Profiling and Other Civil Rights Violations

Courts have interpreted the Constitution to forbid racial profiling. Specifically, a traffic stop, search, or arrest based on the suspect’s race is prohibited as “unreasonable.”

Similarly, treating people differently based on any protected classification might constitute police misconduct. These classifications include sex, sexual orientation, national origin, religion, and disability.

Coercion

Coercion happens when an officer unduly pressures someone to act. Examples of coercion include:

• Force
• Physical or psychological duress
• Threats
• Intimidation

Coercion most often occurs when an officer uses improper means to extract a confession of guilt.

Abuse of Power

An abuse of power occurs when an officer uses their position to break the law. By the same token, an officer cannot threaten to misuse their authority for personal gain.

Understanding Your Constitutional Rights

The Constitution provides several protections against police misconduct.

The Fourth Amendment prohibits unreasonable searches and seizures. This provision protects you and your property from baseless searches. It also forbids illegal “seizures” of your body, namely improper detentions or arrests.

The Eighth Amendment outlaws cruel and unusual punishment. Once you’ve been arrested or detained, the police cannot inflict physical or mental punishment for reasons other than maintaining order or protecting themselves or others.

The Fourteenth Amendment requires equal protection and due process. Equal protection means police cannot single you out arbitrarily, while due process means you can challenge your detention in court. Thus, the police cannot pull you over because you’re a certain ethnicity.

Common Examples of Police Misconduct in Virginia

Police misconduct in Virginia may take the following forms:

Police Brutality

Police officers cannot abuse suspects, even when an arrest is lawful. For example, an officer may not use a chokehold to force someone out of a car after spotting drugs in the vehicle.

Profiling

A police officer cannot harass someone simply because they speak another language. Likewise, they cannot refuse to help a rape victim because they’re non-gender-conforming.

Misuse of Authority

A police officer who accesses the state’s vehicle registration system to stalk someone may have committed police misconduct. Similarly, an officer cannot ask for sexual favors in exchange for releasing someone they arrested.

Legal Recourse for Victims

You have three options for pursuing recourse for police misconduct.

First, you can report the officer to their department, which may take disciplinary action. Alternatively or additionally, you can report the misconduct to prosecutors. The government can investigate the behavior and determine whether to bring criminal charges.

Finally, you can bring a civil rights case against the agency. Federal law gives you the right to file a civil lawsuit against state governments for depriving you of your Constitutional rights. A civil rights claim could lead to compensation for your injuries and financial losses.

Proving Misconduct

You bear the burden of proof in a police misconduct case. You must have evidence demonstrating what the officer did, such as:

• Video footage of the interaction
• Photographs
• Eyewitness testimony
• Medical records

Some of this information, such as body cam footage, may be available from the police agency.

Barriers to Accountability

Pursuing a case for police misconduct can be challenging. Officers enjoy “qualified immunity,” meaning they cannot face liability for misconduct unless they violate a clearly established right.

Additionally, police agencies have an informal code that requires officers to protect each other — even if they must lie or conceal evidence.

A civil rights attorney can break through these barriers. A lawyer can subpoena evidence and call witnesses. They can also negotiate with the government’s civil lawyers to settle your case, sparing you the hassle of a trial.

FAQ

Can the Police Lie?

Lying and making false promises are sometimes permissible in the line of duty. However, the circumstances will determine whether the lie is considered coercive.

Can I Insult the Police?

You generally cannot be arrested for insulting the police. However, you can be arrested for inciting violence. Therefore, being arrested for shouting expletives at an officer making an unlawful traffic stop might constitute police misconduct.

What Compensation Can I Pursue for Police Misconduct?

An attorney for police misconduct can assist you in seeking compensation for economic losses, such as medical bills and lost income, as well as non-economic losses like physical pain and mental anguish.

Contact Commonwealth Law Group About the Police Misconduct You Experienced

When the police violate your rights, Commonwealth Law Group can help you get justice. Contact us today to discuss your situation and learn more about our legal services.