Under Ohio law, police misconduct falls into two different categories. The first is when law enforcement interferes with the civil rights of a citizen. The second is when police use a sham legal process to arrest or detain someone. Still, when police do not treat a person fairly, these definitions may not be the first to come to mind. So, if you feel as though you have not been treated fairly by law enforcement, how can you tell if it is police misconduct? If the actions of law enforcement fall into one of the below categories, you should speak to an Ohio civil rights lawyer about your legal options.
Law enforcement use many methods to get someone to confess to a crime, whether they committed it or not. A police officer may use many psychological tricks, such as intimidation or persuasion, in an attempt to get someone to confess to a crime for which they are not responsible.
Sometimes, law enforcement arrests the wrong person due to mistaken identity. A false arrest though, occurs when police make an arrest without a warrant and without probable cause. This is a violation of a person’s Fourth Amendment rights that protects them from unreasonable search and seizure.
Many people think false imprisonment occurs when an innocent person is sent to jail. In fact, false imprisonment refers to any time a police officer detains someone in an area without the person’s consent, and without the legal authority to do so.
When a police officer falsifies evidence, it means they have prepared it, such as planting an item at a crime scene that was not there initially. When falsifying evidence, a police officer must knowingly prepare or present false evidence that was part of a legal proceeding.
Perjury occurs any time someone is dishonest under oath. Police officers sometimes engage in perjury to ensure that someone they arrested or charged is convicted of a crime.
Witness tampering refers to any time law enforcement coerces or persuades a person to give false testimony, or pressures someone to remain absent from a proceeding they have been summoned to attend.
Police brutality has become a hot topic today. It occurs when a law enforcement officer uses undue force, verbal assault, or intentionally harasses someone with the intent to harm someone’s physical or mental health.
Another topic that has been the subject of much debate lately is that of racial profiling. This occurs when law enforcement questions or detains someone based on their racial or ethnic characteristics rather than a police officer having reasonable cause to suspect that they engaged in a crime.
If you have been the victim of police misconduct, our Columbus civil rights lawyers at Marshall Forman & Schlein LLC, can help with your case. Call us today or contact us online to schedule a consultation with one of our seasoned attorneys.
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