You are guaranteed certain civil rights when dealing with law enforcement. At Hale & Monico, our Chicago civil rights attorneys aggressively pursue claims involving civil rights violations. Learning about your civil rights when dealing with law enforcement helps you know when officers cross the line.
What Are Civil Rights?
Civil rights give us freedom and equality. They protect us from discrimination and unfair treatment in various settings, including employment, education, public accommodations, and housing. Our civil rights are guaranteed by federal laws and the U.S. Constitution.
Civil rights guarantee equal protection under the law. Law enforcement officers must obey the law. If a police officer violates your civil rights, you may have several legal options for recourse, including seeking compensation for damages.
Examples of Civil Rights When Dealing With Law Enforcement
You have the right to be treated fairly, equally, and according to the law. Examples of your civil rights when dealing with police officers include, but are not limited to:
Illegal Searches and Seizures
The U.S. Constitution protects you from illegal searches and seizures by police officers. Your right against unlawful searches and seizures applies when you have a reasonable expectation of privacy.
Generally, an officer can perform a search when they have a search warrant, consent, or under exigent circumstances. If an officer performs a search without a warrant, always seek legal advice to determine if the search violated your civil rights.
Excessive Force
Police officers may need to use force in certain situations. However, officers are only supposed to use the minimum amount of force necessary to perform their duties.
Excessive force and police brutality happen when officers use more force than necessary under the circumstances. Examples of excessive force may include the unnecessary use of stun guns, tasers, firearms, and batons. Illegal chokeholds and strip searches could be an unnecessary use of force. Hurting a suspect while they are physically restrained or causing injury when there is no threat are other forms of excessive force.
Denial of Due Process
The 14th Amendment states that you cannot be deprived of your liberty, life, or property without the government taking certain procedures. For example, you have the right to be represented by an attorney, cross-examine witnesses, and have a hearing before an impartial person. The government must also have sufficient justification for its actions, such as issuing warrants and making arrests.
Other Violations of Civil Rights
Law enforcement officers may also violate your rights in other ways. Other civil rights you have include:
False Arrest – Officers make an arrest without legal authority or hold you without the authority of the law.
Wrongful Conviction – Wrongful convictions happen for many reasons, including suppressed evidence, planted evidence, false testimony, coerced confessions, and mistakes with forensic evidence.
False Imprisonment – When a person is unlawfully confined against their will without a legal justification.
Many forms of police misconduct violate your civil rights. Talk with a lawyer to determine if your rights were violated. If so, you may be entitled to compensation for emotional distress, lost income, and other damages.
Get More Information From Our Experienced Chicago Civil Rights Attorneys
You deserve justice if law enforcement officers violate your civil rights. Call Hale & Monico to schedule a consultation with a Chicago civil rights attorney. We can help you protect your civil rights and get the compensation you deserve.