The U.S. Constitution grants you clear civil rights during law enforcement encounters in Philadelphia. Understanding civil rights in police arrests is important since law enforcement officers don’t always respect them in practice.
The team at The Zeiger Firm believes every Pennsylvanian should know what to do after police violate your rights. If police officers or local law enforcement agencies overstep their boundaries, our team can evaluate your case and determine your legal options for responding to civil rights violations by police. Contact us today for a free consultation.
Common Constitutional and Civil Rights Violations That Can Affect Criminal Cases
Many of the protections you have during a police encounter date back to the original Bill of Rights. Others were added over time as Congress ratified new amendments.
Protecting your rights during arrest begins with recognizing violations of your constitutional rights. These are some of the most common ways that law enforcement can infringe on a suspect’s civil rights:
- Unreasonable searches/seizures – The Fourth Amendment protects you from unreasonable searches and seizures. In most cases, law enforcement officers must have probable cause and obtain a search warrant from the court to search you or your property. There are some clear-cut exceptions, such as if officers see evidence of a crime in plain view.
- Fifth Amendment violations – The Fifth Amendment gives you freedom from self-incrimination. Officers may violate it if they don’t inform you of your right to remain silent before an interrogation or if they keep asking you questions after you invoke this right. The U.S. Supreme Court further clarified these rights in Miranda v. Arizona (1966).
- Sixth Amendment violations – Under the Sixth Amendment, you have the right to speak with an attorney before interrogation. If officers deny you access to counsel after an arrest or interfere with communications between you and your attorney, they are violating your civil rights.
- Discrimination/selective enforcement – Section 1 of the Fourteenth Amendment addresses everyone’s right to equal protection under the law. Police may violate this right through profiling or selective prosecution based on a protected class.
- Excessive use of force – Excessive force and police brutality fall under the Fourth Amendment. If officers used physical restraints or weapons against you without justification, you may have a civil case against them.
- Coercion – The police cannot coerce you to confess by using physical or psychological tactics against you. Doing so violates both the Fifth and Fourteenth Amendments. Courts are not supposed to admit forced confessions or honor coerced plea agreements.
How Civil Rights Violations During Arrest Can Affect Your Criminal Case
Both federal and Pennsylvania law address how a civil rights violation can affect criminal cases. Ultimately, the nature of the arresting officers’ misconduct will determine how the court could respond. These are just a few possible scenarios:
- Evidence suppression – The Supreme Court established the “fruit of the poisonous tree” doctrine with its ruling in Silverthorne Lumber Co. v. United States (1920). Under this precedent, illegally obtained evidence is not admissible at trial.
- Impeachment of testimony – Arresting officers are often witnesses in later trials. Under Pennsylvania Rule of Evidence 608, your criminal defense lawyer can challenge the credibility of an officer who violated your rights.
- Reduced or dismissed charges – Prosecutors may not have a case to stand on if their key evidence is ruled inadmissible. In this situation, your lawyer could move to dismiss some or all of the charges against you.
Beyond your criminal case, you may also have the right to pursue a civil claim against the officers who violated your rights. Under 42 USC 1983, these claims cover both the physical harm and emotional distress you suffered as a result of the misconduct.
What to Do if Your Civil Rights Are Violated
Your response makes all the difference when defending your rights during arrest. Follow these strategies to best protect your legal position:
- Stay calm and comply – Even if you believe an officer’s instructions or actions are unconstitutional, follow them and do not resist. Resisting can make your legal situation more complicated and put you in greater danger.
- Document what you can – It’s a common misconception that officers must legally provide their badge number upon request. However, many local police departments do require this as part of their internal policies. Write down the officers’ names, badge numbers, and squad car numbers, along with any witnesses to the encounter. Your lawyer is a key ally when documenting civil rights violations during arrest.
- Treat any injuries – If you sustained injuries during the arrest, seek medical attention as soon as you can and document the treatment you receive.
- Don’t incriminate yourself – The strategies for civil rights protection during arrest also apply to interrogations. Exercise your right to remain silent when officers try to question you.
- Exercise your right to counsel – Consult an attorney as soon as you can after the arrest. They and their team can help by preserving evidence, advising you on what to say, and building a defense against your charges.
Steps to Take When Arrested Unlawfully
If you believe you were arrested unlawfully, you should still comply with officers’ instructions and keep documentation as with any other encounter. Besides those steps, here’s how to handle rights violations during arrest:
- Contact an attorney – The sooner you hire an attorney, the better outcome you could have. If your legal team intervenes quickly enough after a false arrest, they could prevent charges from being filed.
- File a complaint – Each police department has its own process for reporting civil rights violations during arrest. In Philadelphia, you can file a Complaints Against Police (CAP) form on the department website. While filing complaints for civil rights violations will not guarantee disciplinary action, they do become part of official records and can be useful for a legal claim.
- Consider a civil rights lawsuit – Your attorney may determine if legal actions for civil rights violations in arrest are viable under Section 1983.
Contact Us for Civil Rights Legal Help After Arrest
Since 2005, Philadelphia attorney Brian Zeiger has fought for justice for clients facing police misconduct and civil rights violations, winning several million-dollar Section 1983 verdicts against police and corrections officers. If you believe officers violated your civil liberties, Mr. Zeiger can use his aggressive, big-picture approach to investigate the arrest in addition to building your criminal defense. Contact The Zeiger Firm today for a free, no-obligation case review.
