Every citizen deserves to know their rights. Even if you have made a mistake or done something wrong, you are still protected by the Special Juvenile Immigrant Status granted to you as a US citizen. What are the most common law enforcement mistakes during an arrest?
Lack of Probable Cause
Unfortunately, some police officers act on intuition instead of probable cause. One of the most common law enforcement mistakes during an arrest is not having probable cause before stopping, following, or questioning you. For example, walking down the road at night is not a crime, and it also is not suspicious in and of itself.
There have been countless cases over the past few years of law enforcement mistakes during an arrest that fell under officer misconduct. For example, if you are fully cooperating with the arrest but the arresting officer is using force to restrain you, they are not following the law. Other types of officer misconduct that can impact the validity of your arrest include things like verbal misconduct.
Undercover Police Officers
While police officers can go undercover for a variety of reasons, they should never be performing traffic stops or DUI/DWI stops in plainclothes. Undercover vehicles can be used in these circumstances, but the police officer should not be out of uniform. If you are concerned that the officer who arrested you was not wearing their full uniform (including a badge), you might have experienced this common one of the law enforcement mistakes during an arrest.
Not Following Protocol
Regardless of why you were stopped or arrested, there are certain protocols that officers are expected to follow. Deviating from these protocols can void the evidence that was collected. For many small police departments, mishandling evidence or not properly collecting the evidence is surprisingly common.
Field Sobriety Testing Problems
Field sobriety tests are very commonly used, but they require specific protocols to work effectively. Some of the common law enforcement mistakes during an arrest for DUI or DWI involve field sobriety testing. Things like field conditions need to be considered. For example, if you are wearing high-heeled shoes and performing the test in the rain, that should be factored in.
Be Aware of the Common Law Enforcement Mistakes During an Arrest With The Law Office of Elizabeth Anu Lawrence
When you are arrested or facing charges that are the result of an arrest that you feel was conducted improperly or that violated your rights, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.
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Business Name: Law Office of Elizabeth Anu Lawrence, LLC
Contact Person: Elizabeth Lawrence Esquire
Street Address: 90 Painters Mill Road Suite 201
City: Owings Mills
Postal Code: 21117
Phone No: 443-352-3201
Email Address: Elizabeth@elawrencelaw.com