Police officers are required to use force in a variety of situations, and the use of force may even be a daily occurrence for officers who live in Boston. And while the use of force may be reasonable, and even necessary, in a number of cases, there is a fine line between necessary use of force and excessive use of force. The following takes a look at what constitutes excessive use of force by the police, and what your rights are if your arrest involved excessive use of force–
What Is Excessive Use of Force?
Police officers in Boston are prohibited from using excessive force when interacting with a suspect, including during the arrest and interrogation processes. Unfortunately, there is no specific definition for what constitutes excessive force, although experts often say that force is excessive when it is beyond the degree of force that is necessary to arrest a suspect or/and keep police officers and other members of the public safe.
An example of excessive force is shooting a suspect when the suspect does not have a weapon and does not pose a threat to the officer or members of the public. In fact, in order for an officer to use deadly force, the officer must believe that the use of deadly force is necessary to prevent the suspect’s escape and must have probable cause suggesting that the suspect poses a threat to the safety of the officer or others.
Of course, use of deadly force is a very extreme example. Hitting or kicking a suspect, improperly restraining a suspect, and more can all constitute excessive force depending on the situation.
Excessive Force Was Used During My Arrest – Will Charges Against Me Be Dropped?
Excessive force is commonly used when a suspect is being arrested for a crime. And while this may be a violation of the suspect’s rights, this does not mean that charges against the individual will be dropped. In fact, charges are typically only dropped when there is not enough evidence to convict a person. If unreasonable force was used to gather evidence against the suspect, this evidence may not be usable in court due to the fact that it was obtained unconscionably and in violation of the Constitution.
Instead of having charges against a suspect dropped, it is likely that the case will proceed. An individual who is the victim of excessive force may, however, have the grounds for a civil lawsuit against the officer or police department.
Consult with a Talented Boston Criminal Defense Lawyer
As a person who is charged with a crime in Boston, you have certain legal rights. One of these rights is to be protected from excessive force and police brutality. If this right has been violated, our lawyer wants to help you.
When you schedule a consultation with The Law Offices of Paul R. Moraski, we will review your case and assist you in determining the best course of action. Paul Moraski is an aggressive criminal defense attorney with a strong reputation – call today at (978) 397-0011 or send Paul a message to learn more now.