Do I Have a Police Brutality Violation of Human Rights Case?
October 10, 2022at5:00 PM
Officers of the law have both a moral and legal obligation to protect you from harm and ensure the sanctity of your basic human rights—regardless of if you’re breaking the law. So much so that there are laws put in place to protect you from police brutality and any other violation of your human rights.
If you’ve recently had an interaction with law enforcement officials where you believe your rights were called into question, you may be wondering if you have a police brutality violation of human rights case and if so, what to do about it. Below, our expert legal team at Kurtz, Peters and Associates outlines next steps and common questions for building a police brutality case.
What is police brutality?
Police brutality in the United States is defined as any time an officer of the law uses excessive or unnecessary force or violence on a civilian. Furthermore, police brutality can cause severe emotional and physical injury and has resulted in countless unnecessary fatalities.
Police brutality can encompass a variety of actions perpetrated by law enforcement officials. They range in severity, but most of them are a direct violation of human rights. Some specific examples of blatant police brutality include:
Illegal search and seizure
Threats of violence
Coercion (specifically to get a confession)
Negligent police chases
Assault and battery
Unwarranted use of firearms or tasers
Sexual assault or abuse
Denial of necessary medical assistance
If you feel any of these apply to you, it may be time to build a police brutality violation of human rights case.
Common questions about police brutality and the law
If you’re working on developing a case for police brutality, it’s likely you’ve got more than a few questions. Our expert legal team at Kertz, Peters and Associates has outlined some common questions we get about police brutality cases—informed by our years of experience practicing criminal defense and personal injury law—below.
Is it legal for a police officer to stop and search me on the street?
Yes, and no. Generally, citizens are protected from unreasonable search and seizures, however, there is an addendum to this protection. If police have the proper ammunition known as “reasonable suspicion” that a person is involved in criminal activity, they can legally stop and search you on the street.
Note that if an officer does not have reasonable suspicion, they can still ask you questions or ask if they can search you or your property, but you are under no legal obligation to answer or allow their search.
What is the timeline for a police brutality lawsuit?
The specific laws and statutes around policy brutality cases differs from state to state. Generally speaking, though, when it comes to filings against law enforcement officials there's a lot of extra red tape—which means your case can take a long time to materialize and be heard. You may need to file a notice with your state’s government or file a report with the offending police department.
Thus, the sooner you seek legal advice, the better.
How much does a criminal defense attorney cost?
At Kurtz, Peters and Associates, we believe strongly that your financial situation should not impact your ability to receive due representation. We work with a variety of clients from a variety of backgrounds and can find a service and fee to meet your needs.
Work with an experienced criminal defense firm to seek justice today!
At Kurtz, Peters and Associates, we believe first in foremost in protecting our clients through due legal processes. Our legal team has dedicated their careers to protecting and defending the basic human rights of their clients. Reach out to get the justice you deserve and begin building your police brutality human rights violation case today!