It’s unfortunate enough to be arrested, but when that arrest is accompanied by heightened police action that goes beyond what’s reasonably necessary, it may be considered an act of police brutality. In New York City, there are laws in place to protect victims of this crime and are meant to help those affected seek justice. To prove such acts of abuse, it must shown that the officer used unreasonable or excessive physical force or psychological intimidation against you while arresting or detaining you. This could include things such as choking, beating, kicking, using pepper spray and tasers, and so on.
What Constitutes a Legal Arrest?
In most states, there are specific elements that must be met for an arrest to be considered lawful. Staring with a warrant: a legal document issued by a judge which authorizes the police to arrest someone. This requires officers to have probable cause that the individual has committed or is committing a crime. The officer must also have reasonable suspicion of criminal activity when they are searching for an area or person; this could include observing certain behaviors, such as fleeing from the scene of a crime or carrying a concealed weapon. A lawful arrest also goes into effect when someone is interfering with a valid arrest or police investigation.
Also, when it comes to detainment, the police are allowed to do so for a reasonable amount of time to perform an investigation if they have a valid reason. If none of these conditions met, then any action taken by the police may considered an unlawful arrest; and it could lead to a civil rights violation claim.
When to Seek Legal Aid?
We have already established the daunting question ‘what is police brutality’, and that New York City provides certain legal protections for victims. So, if you believe that your rights violated during an arrest or detainment, its important to seek legal aid. A civil rights attorney will not only be able to advise you of your rights in such a situation; but can also help you build a case and act against the police officers responsible.
It is important to gather as much evidence as possible that shows there was an act of abuse by the police. This may include photos or videos taken at the scene, witness statements, and medical records. An attorney will help prove liability and assist you in claiming damages; such as medical and emotional costs associated with the incident. In the event of a settlement, a civil rights attorney will also help ensure that you receive proper compensation for your losses. This may further include recovery of lost wages, punitive damages, and even a public apology if necessary.
It is never okay for police officers to use excessive or unnecessary force; and when abuse occurs, it’s important to act as soon as possible. Seeking legal aid from a civil rights attorney a sure way to ensure that your rights are protected; and that you can receive the compensation that you deserve. Furthermore, an attorney can help build a strong case and represent you in court if needed. You deserve to heard and have your case represented by someone who seeks justice for you.