4 Examples of Improper Police Tactics
Criminal defense employs many tactics to maintain someone’s innocence. Sometimes, an attorney directly challenges the evidence in a case, exposing holes in the prosecution’s theory. Defense lawyers also produce counternarratives, revealing a different side of the story.
Investigating the details of the arrest is another important tool. These days, it’s downright necessary to keep your eye on the police. Officers must follow a rigid set of rules and procedures. If they go outside the bounds of the law, they may lose the case completely. This is true whether the defendant is guilty or not.
If you’ve been accused of any crime, make sure that your attorney examines the details of your arrest. Here are some examples of police misconduct they may find.
1. Coerced Confessions
Sometimes, officers can trick suspects into confessions. For instance, when they pull someone over, they may open with a line like, “How much have you had to drink tonight?” If the suspect replies with any confirmation, that may be all the cops need to make an arrest. Your lawyer can attack tactics like these in court, making the argument that you were not properly given your Miranda rights before implicating yourself.
Interrogations can be a problem as well. By law, the police are allowed to lie. They can offer you a deal they never intend to keep, or they can tell you that they have evidence that doesn’t exist. Feeling “backed against the wall,” you may confess to something you didn’t do.
Furthermore, police sometimes intentionally wear a suspect down. They may keep someone for hours, asking them the same questions over and over. The suspect may make a false confession just to end the misery.
2. Improper Searches
The cops need permission to search your home. You must either directly invite them in, or they must have a court-ordered warrant. If they barge in without proper authority, this is illegal, and anything they find may be inadmissible in your case.
Furthermore, search warrants are specific about where an officer can search. If it says they are allowed in your garage, they have no business wandering into your bathroom. Anything illegal they find in your garage could be used against you, but if they find something elsewhere, that evidence could be challenged in court.
3. Abuses of Power
Police can abuse their authority in several ways, including:
- Planting evidence on a suspect
- Using unnecessary, abusive force
- Lying on a police report or in court
- Entrapment, where they lure someone into committing a crime. This is not the same as an undercover investigation.
4. Bias and/or Prejudice
These days, it’s important to investigate a police officer’s motives and history. They may have a pattern of arresting people based on race, sexual orientation, gender expression, and so forth. If you were unfairly targeted due to prejudice, you may be able to beat your case.
If you’ve been treated unfairly by the police, call (561) 475-2752 today for a free consultation. You can also schedule time with us online.