Philadelphia law enforcement officers must follow established use-of-force protocols that protect the civil rights of suspects. Unfortunately, officers don’t always follow them. A nationwide records investigation by USA Today found 22,924 incidents of police use of excessive force, causing both serious injuries and lasting mental trauma to suspects.
Philadelphia excessive force and civil rights protection attorney Brian Zeiger believes that an unlawful police encounter shouldn’t compromise your future. He meets clients at the junction between civil rights law and their criminal cases and can pursue justice against officers who don’t treat you with the dignity the Constitution grants. Contact The Zeiger Firm today for a free case review.
What Is Excessive Force?
Generally speaking, force is excessive when it’s more than required to arrest, control, or detain a suspect. This can include:
- Unnecessary use of tasers, batons, pepper spray, or lethal weapons
- Using restraint techniques known to cause injury
- Continuing to use force after a suspect is compliant or restrained
In Graham v. Connor (1989), the U.S. Supreme Court established an “objective reasonableness” standard for force based on the Fourth Amendment. This standard considers three factors in an excessive force claim:
- The severity of the crime
- If the suspect immediately threatened police officers’ or others’ safety
- If the suspect was actively attempting to evade officers or resist arrest
Pennsylvania has laws and court precedents mirroring the federal standard. Under Title 18, Section 508 of the Pennsylvania Consolidated Statutes, officers can justifiably use force when it is necessary to:
- Make an arrest, unless the officer knows that the warrant is invalid
- Defend themselves or others from physical harm
- Prevent an escape from custody
- Prevent the commission of a crime involving bodily injury, property damage, or a breach of the peace
- Prevent a suicide
Commonwealth law does not justify using more force than is necessary under the circumstances.
Your Rights in an Excessive Force Situation
The United States Constitution grants you these foundational rights in any police encounter, whether or not physical force is involved:
- Freedom from unreasonable searches and seizures – Under the Fourth Amendment, state or federal law enforcement officers must generally have a warrant or probable cause to arrest you or search your property. Many past civil rights lawsuits involving excessive force by police have been based on Fourth Amendment grounds.
- Freedom from self-incrimination – The Fifth Amendment gives you the right to remain silent, even in situations involving force. You don’t have to answer any questions beyond identifying yourself.
- Due process – The Fifth and Fourteenth Amendments grant you the right to fair treatment through the judicial system.
- Equal protection under law – The Fourteenth Amendment also gives you freedom from discrimination based on protected characteristics, including religion, sex, national origin, and race/ethnicity.
Pennsylvania’s Political Subdivision Tort Claims Act provides qualified immunity to the government and generally protects local governments from civil suits. However, if the police violated your constitutional rights under the color of the law, you may still be able to pursue a federal claim against the officers under 42 USC 1983.
How Excessive Force Can Lead to False Confessions and Affect Your Criminal Case
When law enforcement uses excessive force or threatens to use it, a suspect may confess to a crime they didn’t commit simply to protect themselves from additional harm. Under the precedent affirmed in Commonwealth v. Nester (1998), confessions and guilty pleas must be voluntary to be admissible in Pennsylvania courts.
A false confession is regarded as involuntary and inadmissible. However, prosecutors may still use these statements against you until the court formally rules on their status. It takes time and a skilled legal team to prove the nature of the confession.
The impact of a false confession may weaken the prosecution’s position in other areas of your case, including the following:
- Under the “fruit of the poisonous tree” doctrine, evidence is not admissible if it wasn’t obtained constitutionally. This includes incidents where excessive force was used to seize evidence.
- Officers who use excessive force may be less credible witnesses in court.
- Your lawyer may need to challenge “cover charges,” such as resisting arrest, that the police used to justify their actions. If criminal charges are directly tied to the excessive use of force, the court may grant a motion to dismiss them.
Reporting Police Excessive Force
How you respond to an incident of excessive force can determine your options for justice. Follow these steps for defending your rights during police force:
- Comply – Follow the officers’ instructions and do not flee or resist arrest. Doing so can worsen your legal position and give merit to a cover charge.
- Exercise your Fifth Amendment right – Consult an attorney before saying anything to investigators.
- Document everything – While your memory is fresh, write down as much as possible about the incident. Include the time and location, the officers involved, and the specific acts of force they used against you. Your lawyer may be able to obtain photos or body cam footage.
- Seek medical attention – Request medical attention to evaluate any injuries you sustained. Medical records can be valuable evidence in an excessive force lawsuit.
- File a formal complaint – If your lawyer determines you may have a civil rights case against a Philadelphia police officer, they can help you file a Complaints Against Police (CAP) form.
Pennsylvania gives you two years from the date of the encounter to file suit under Section 1983 or a personal injury claim involving police misconduct. If you file after the legal deadline, the court will almost certainly dismiss your case, and you may no longer have an avenue for justice against the officers who harmed you. The Zeiger Firm handles excessive force cases. If you suffered a physical injury or emotional distress due to excessive force or another civil rights violation, call us for a free, no-obligation case review.
How Brian Zeiger Can Help If Police Used Excessive Force
Since 2005, Brian Zeiger has secured several million-dollar awards and settlements in police brutality and prisoner abuse cases. As a criminal defense and civil rights attorney, Mr. Zeiger takes pride in building comprehensive defenses and protecting your rights against excessive force. Some of the ways we can help include:
- Investigating what happened during the police encounter
- Teaching you how to exercise your civil rights moving forward
- Determining if a civil rights case would be viable
- Filing formal complaints against officers who violated your rights
- Representing you in plea deal negotiations, if necessary
- Filing preliminary motions regarding illegally-obtained evidence
- Representing you in criminal trials
- Building and filing a Section 1983 claim, if necessary
If the police violated your civil rights through excessive force in Pennsylvania, contact The Zeiger Firm for a free consultation.
