What is the connection between civil rights violations and criminal defense? When police officers violate civil rights while making an arrest or searching your property, they may believe they are doing what is necessary to uphold the law. In reality, they are violating the United States Constitution and undermining their case.
If the people in charge of enforcing the law don’t follow it themselves, the criminal justice system no longer works. That’s why courts do not allow prosecutors to use evidence obtained through a civil rights violation.
The connection between civil rights and a criminal defense attorney is that a skilled criminal defense attorney can use a violation of your civil rights to help you beat the charges against you. A civil rights attorney may also be able to file a lawsuit against the party or law enforcement agency that violated your rights.
Brian Zeiger is an experienced civil rights lawyer serving Philadelphia, Pennsylvania. At The Zeiger Firm, we handle both criminal defense and civil rights lawsuits and understand the important differences between the two. We can use civil rights violations to defend you against criminal charges while also filing a lawsuit to hold the officers who violated your constitutional rights accountable.
How Can a Civil Rights Violation Affect Your Criminal Case?
A civil rights defense can be a powerful strategy when defending yourself against criminal charges. If law enforcement officers conduct an illegal search and seizure, the judge can suppress any evidence they may have found under the exclusionary rule. This rule treats illegally obtained evidence as “fruit of a poisonous tree,” barring its use in court.
In cases involving extreme police misconduct, the judge may dismiss the charges against you entirely. By having dedicated legal representation, you can protect your rights.
Common Civil Rights Violations Involved in Criminal Cases
The police are responsible for enforcing the law and protecting society from crime and violence. Yet, police officers sometimes violate the rights of citizens when making an arrest or investigating criminal offenses. These violations can have a significant impact on criminal cases. Common civil rights violations in criminal cases include:
Excessive Force
Law enforcement officers are only allowed to use the level of force that is objectively reasonable to protect themselves and others and bring a situation under control. They are only allowed to use force when there is no realistic alternative. They should always attempt to de-escalate a potentially violent situation before resorting to the use of force, especially deadly force. When an officer uses force that is not objectively reasonable under the circumstances, you may be able to file a police brutality claim under Title 42 of the U.S. Code. Excessive force can also be a criminal civil rights violation, investigated by the Civil Rights Division of the Department of Justice.
False Arrest
The Fourth Amendment protects citizens and their property from unreasonable search and seizure. If an officer arrested you without probable cause, this is a false arrest and a violation of your Fourth Amendment rights.
Malicious Prosecution
The Fourteenth Amendment bars authorities from depriving you of your liberty without due process of law. However, there have been cases where police officers arrested a person and accused them of a crime without probable cause solely to harass the person they arrested. If law enforcement arrested you just to harass you, you may have a claim for malicious prosecution.
Illegal Search and Seizure
Illegal search and seizure is another Fourth Amendment violation. The police are not allowed to search or seize your property unless they have:
- A warrant
- Your consent
- Probable cause
If the police ask to search your property, you can demand to see their warrant. If they do not have a warrant, you can refuse your consent for the search. If they have neither a warrant nor your consent, they cannot search your property without probable cause. If they do so anyway, your criminal defense lawyer can ask a judge to suppress any evidence they found in their illegal search. This can weaken the case against you or even result in the dismissal of charges.
Coerced Sexual Contact
There have been a number of cases in which law enforcement officers have been accused of misusing their authority to coerce people in their custody into some form of unwanted sexual contact. The United States Attorney’s Office of the Middle District of Pennsylvania reported that a Tamaqua police officer was charged with trying to coerce a minor into committing sexual acts. This is a horrendous criminal violation of civil rights. If a police officer has tried to coerce you to commit sexual acts by threatening you with arrest or prosecution, talk to a lawyer about your legal options as soon as possible.
Federal Violations
Violations of your civil rights are often violations of federal law. The U.S. Commission on Civil Rights provides a list of addresses and phone numbers you can use to file a complaint against law enforcement. In some cases, you may be able to file a civil lawsuit. Title 42 of the U.S. Code states that any officer who violates your civil rights is liable to an action at law. Violations of your civil rights can also undermine any criminal charges against you, resulting in suppressed evidence or charges being dismissed. Talk to your criminal defense lawyer about any civil rights violations as soon as possible. Your lawyer can file the case for you and take all the legal work off your shoulders.
Why You Should Choose The Zeiger Firm for Your Criminal Defense
Brian Zeiger is an aggressive and experienced criminal defense attorney in Philadelphia, Pennsylvania with a passionate commitment to civil rights. At The Zeiger Firm, we will fight for your rights in court and hold the police officers who violated your rights accountable for their actions.
If police officers used excessive force against you, searched you or your property without a warrant or your consent, or violated your rights in any other way, aggressive civil rights lawyer Brian Zeiger can stand up for your rights. Don’t let law enforcement officers get away with disregarding the rights guaranteed by the U.S. Constitution. Contact The Zeiger Firm today for a free consultation.
