Understanding Different Types of Police Misconduct

by | May 3, 2019 | Criminal Defense, Police Brutality | 0 comments

One of the most polarizing topics in America today is the issue of police misconduct. Whether it’s candid camera footage from cell phones or declassified body cams, countless American citizens are losing confidence in the way police officers and deputy sheriffs around the country are exercising their authority. While the vast majority of law enforcement officers act within the scope of their duties, there are outliers that give the rest of the profession a bad name.

Illegal search and seizures wrongful detentions are two most common examples of police misconduct. If you’re the victim of police misconduct, it may even require the talents of an experienced police misconduct attorney in Michigan.

Illegal Search and Seizure

Under the Fourth Amendment, it’s incumbent for law enforcement officers to ensure that prior to obtaining or conducting a search, they have a lawful reason for conducting a search in the first place.

A search constitutes two primary elements:

  • Government- A deputy sheriff, police officer, or other law enforcement officer, whose powers are delegated by federal, state, or municipal governments.
  • Reasonable Expectation of Privacy Going into a place where a person has a tacit right to be free from interference without probable cause, consent, or a warrant.

Absent exigent circumstances, the government cannot search a dwelling, person, or conveyance without probable cause. In some instances, law enforcement officers can conduct a search if an individual gives them consent to do so, however, many times, officers don’t tell citizens the full extent of their rights.

This leads to citizens unknowingly giving officers consent to search without knowing that they can withdraw their consent to search at anytime and an officer must immediately cease the search. If an officer conducts a search without a warrant, consent, or probable cause, it is an illegal search and constitutes a violation of your 4th Amendment rights.

Illegal Arrests or Detentions

There are two situations where a law enforcement officer can place a subject in temporary or indefinite custody.

  • Detention- An officer can temporarily place a subject in handcuffs or prevent freedom of movement for the purposes of officer safety, to prevent flight, or to conduct a weapons pat-down, otherwise known as a Terry Stop. A detention is only temporary and for the purposes of conducting an investigation. Reasonable suspicion is required to detain a subject.
  • Arrest An arrest is made when an officer has probable cause to charge a subject with a crime. Probable cause is a fair probability that a crime was committed. Even with circumstantial evidence alone, an officer can make an arrest as long as probable cause exists.

If you’ve been the victim of illegal detention or search and/or seizure, you need an experienced law firm to fight for your rights in court.

Hire an Experienced Michigan Police Misconduct Attorney

If your rights were violated as a result of police misconduct, you need to consult the Law Offices of Christopher Trainor and Associates. For over 20 years, we’ve defended countless clients and settled over $200 million worth of legal cases. We specialize in protecting our clients from all manners of police misconduct, and we can do the same for you.

To schedule your free consultation, call our office 24/7 at (800) 961-8477 or complete our online contact form today.

Detroit, MI – Injuries Reported in Fire at Littlefield & Lyndon Rd

Detroit, MI (September 27, 2023) - On the evening of Wednesday, September 27, local authorities received reports of a fire at a dwelling located at a local intersection in the city of Detroit. The structure, located at Littlefield and Lyndon Road, sustained...

Detroit, MI – Injury-Causing Collision on I-75 at 8 Mile Rd

Detroit, MI (September 27, 2023) - On Wednesday evening, September 27, police were dispatched to a collision involving two to three vehicles in the Detroit metropolitan area. On Wednesday at approximately 9:30 p.m., an accident occurred on southbound I-75 after the 8...

Detroit, MI – Several Hurt in Truck Rollover on I-96 at M-39

Detroit, MI (September 27, 2023) - Multiple people are recovering after a double rollover crash involving a semi-truck on a Metro Detroit freeway Wednesday morning. It happened just before noon on Detroit’s west side when a car tried to merge onto the express lanes of...

Howard Twnshp, MI – Three-Car Crash Injures Victim at M-60 & Leet Rd

Howard Township, MI (September 27, 2023) - Three vehicles were involved in a crash that began when one car rear-ended another car, sending it crashing into a third vehicle, the Cass County Sheriff’s Office reports. The crash happened at 4:00 p.m. Tuesday, west of the...

Dearborn, MI – Fatal Rear-End Wreck Occurs at Telegraph & Carlysle

Dearborn, MI (September 26, 2023) - Officers from the Dearborn Police Department received a collision alert after a local dentist and father of five was killed in a local accident. The 41-year-old man was involved in a crash on Telegraph and suffered a medical...

Detroit, MI – Injury-Causing Crash on I-75 at McNichols

Detroit, MI (September 26, 2023) - An initial accident alert and notice from the Detroit Police Department states that local police and emergency medical technicians were called to a multiple-vehicle wreck that happened on Tuesday, September 26. The Michigan State...

Detroit, MI – Multi-Vehicle Collision w/Injuries on I-696 at Mound Rd

Detroit, MI (September 26, 2023) - On Tuesday morning, September 26, police were dispatched to a collision involving two to three vehicles in the Detroit metropolitan area. On Tuesday at approximately 5:30 a.m., an accident occurred on eastbound I-696 after the Mound...

Zeeland, MI – Two Injured in Two-Car Wreck on Byron Rd

Zeeland, MI (September 26, 2023) - On Tuesday morning, shortly before dawn, there was an accident between Zeeland and Jamestown that left two people hurt. Deputies and other emergency personnel were called to the intersection of Byron Road and 48th Avenue in Ottawa...

Detroit, MI – I-75 Site of Vehicle Wreck, Injuries at Outer Dr

Detroit, MI (September 26, 2023) - On Tuesday, September 26, at least one person was hurt in a collision involving two or three vehicles traveling north on Interstate 75 in the city of Detroit. An accident happened in the northbound lanes of Interstate 75 close to the...

Lowell, MI – Man Killed in Head-on Wreck Near Heim St

Lowell, MI (September 26, 2023) - The Kent County Sheriff's Office has provided further information on the fatal accident that closed a Lowell roadway on Monday afternoon. The incident occurred on Fallasburg Park Road between Heim Street and Lincoln Lake Avenue at...