#4: Not Giving Miranda Warnings and Violating Other Constitutional Rights
The police are required to give a suspect their Miranda warnings when they are taken into custody. This includes informing the individual of the following:
- They have a right to remain silent.
- Any statements they make will be used against them.
- When being questioned, they have a right to an attorney, and a lawyer will be appointed if they cannot afford one.
Unfortunately, the police do not always advise suspects of these constitutional rights when questioning them. They also question them after the accused asserts their right to remain silent or to an attorney.
Officers are required to have reasonable suspicion to stop someone, probable cause to search or arrest them—which is the honest and strong suspicion that the suspect committed an offense— consent to a search, or a warrant to search or arrest an individual. These are basic constitutional rights. In addition to violating these rights of suspects, police also make the following errors:
- Fabricating or exaggerating the evidence against a suspect to obtain a search or arrest warrant
- Not specifically stating the items to be seized in a search warrant
- Searching for or seizing evidence not specified in the warrant
- Serving the warrant outside the hours specified in the warrant
- Serving the wrong person with the warrant at an incorrect location
Any of these errors could be grounds to suppress the evidence, which may result in the charges being reduced or dismissed.
#6: Using Excessive Force
The police are allowed to use reasonable force when stopping and arresting an individual. However, as we see in the news regularly, they often use excessive force, which in too many cases results in the suspect being injured or dying.
While a claim of excessive force may not result in the charges being dismissed, it could lead to a favorable plea bargain with the prosecutor. In addition, the person may be able to file a civil lawsuit for violation of their constitutional rights.
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