Chicago Criminal Defense Blog

Everyone is affected by police brutality, but it can be stopped

On behalf of Erickson & Oppenheimer, Ltd. on Monday, August 3, 2020.

There are times when police officers must use force. Someone they're arresting may be fighting with them or have a weapon that they won't drop. Officers may have no choice but to use their K9 to capture someone who is fleeing, or they may have to pin someone down with their bodyweight to arrest them because of the individual's aggression toward them.

In many situations, it's true that the police have to use force. That force may be justified. However, there is also a point where some people go too far. Injuring a compliant individual, using force to intentionally injure someone who was not a threat and other situations could amount to police brutality.

What purpose does a Miranda Warning serve after an arrest?

On behalf of Erickson & Oppenheimer, Ltd. on Friday, June 5, 2020.

The civil rights of individuals going through a police encounter have changed over the years due to court rulings. The Miranda Warning is an example of a relatively new but powerful form of protection for those in the United States facing arrest and questioning by law enforcement officers.

The Miranda Warning became a common part of police procedure following a court ruling in 1966. The text for the Warning as it currently exists has been around since 1968, and it helps advise those under arrest of their critical civil rights when facing criminal charges.

Identifying weaknesses in a drug possession charge

On behalf of Erickson & Oppenheimer, Ltd. on Tuesday, March 10, 2020.

Receiving a drug possession charge is a serious matter, regardless of a defendant's background. If you recently had an encounter with police that ended in a drug charge, it is wise to begin building your defense immediately. If you choose to wait to build your defense until a more convenient time, you run the risk of missing out on important defensive opportunities that may help protect you.

Building a strong defense requires the defendant to review all the details of their arrest, as well as any evidence against them. Defendants who wait too long to begin this process may not have the opportunity to obtain and review this evidence, which can make or break a defense.

Examples of police misconduct

On behalf of Erickson & Oppenheimer, Ltd. on Monday, December 9, 2019.

You hope to never have a negative interaction with police, but if you do it's critical to understand your legal rights in Illinois and how to protect them. More specifically, a basic understanding of police misconduct will help prevent a situation in which you're taken advantage of.

Even though police misconduct is illegal, it remains a common problem throughout many parts of the country. Here are several examples of this type of behavior:

Excessive force: When putting an individual under arrest, police officers are only permitted to use as much force as necessary to apprehend the suspect and protect their safety while doing so. Using excessive force, such as striking an individual when they're handcuffed and no threat of causing harm, is a common example of police misconduct.
Illegal search and seizure: It doesn't have anything to do with physical harm, but it can cause just as much trouble for a person who is under arrest. Even with the Fourth Amendment in place, which is designed to protect against unlawful search and seizure, it remains a concern. In short, police only have the legal right to search you or your property, such as your home or motor vehicle, if they have reason to believe something illegal is going on. For example, an officer can't pry open your trunk in search of drugs because they have a hunch. However, if they believe you're hiding something in there, such as because an illegal substance is in plain view in your center console, they can proceed with the search.
Abuse of power: There's no denying the fact that police have quite a bit of power. And while they need this power to keep everyone safe, some officers abuse it, such as by asking for something in return for letting you leave the scene without being put under arrest.

What leads to police misconduct?

On behalf of Erickson & Oppenheimer, Ltd. on Thursday, September 12, 2019.

When you turn to the police for help, you expect them to arrive and be kind to you. You want them to be efficient and to handle your case with care.

Even when they're stopping you for a traffic violation or other offense, you expect the police to be respectful of you and not to attempt to escalate a situation into one of violence. Sadly, many people do end up injured or threatened by the police. Often, this is a result of police misconduct.

Racial disparities harm minorities in America

On behalf of Erickson & Oppenheimer, Ltd. on Thursday, June 13, 2019.

There is no worse feeling than believing that those who are supposed to be there to protect you actually want to cause you harm. Unfortunately, that's how many people feel about the police.

With so many cases of police brutality and misconduct, it's no surprise that people are upset. It's been shown that there are racial disparities in how the police in the United States use force. Are you black, Hispanic or Arabic? Do you look mixed or foreign? The reality is that these groups do face a higher likelihood of harm coming to them from the authorities.

4 officers face trial after teen's death

On behalf of Erickson & Oppenheimer, Ltd. on Thursday, December 13, 2018.

Following the news about police brutality cases is something that can sour your day quickly and make you think that all police are bad. The reality is that they aren't, but the cases that make the news highlight how poorly some people have been treated by the police.

Recently, a report from Chicago in November 2018 stated that four officers from Chicago are facing disciplinary actions after covering up a shooting that took place involving a teen.

Knowing when to use force is a vital part of policing

On behalf of Erickson & Oppenheimer, Ltd. on Thursday, September 13, 2018.

There are times when it is understandable that the police have to use force on someone because of their actions or because others are in danger. However, there are many instances in which police officers misuse their powers.Interestingly, there is no universally accepted definition for the use of force. It is up to the discretion of the authorities to determine how much force is acceptable in any given situation.

The use of force is acceptable when it is necessary. For instance, it is accepted when the officer has to protect themselves. Is also acceptable in a situation where they have to defend another person or a group.

Understanding the excessive use of force

On behalf of Erickson & Oppenheimer, Ltd. on Tuesday, June 19, 2018.

There is never a time when the police or authorities should use more force than is necessary when making arrests. No one should fear being injured during routine traffic stops, getting pinned to the ground for asking questions or tased for standing up for their rights.

Sadly, there are times when the police do use excessive force. In those cases, people get hurt. Sometimes, people are killed. In the majority of situations, a government official should never use excessive force. However, there are instances during which they may exceed the minimum amount of force necessary.

How many people do police kill annually in the United States?

On behalf of Erickson & Oppenheimer, Ltd. posted in blog on Wednesday, March 21, 2018.

Police in the United States are generally permitted to use lethal force when the situation requires it. In other words, they may need to use lethal force to protect their own lives or the lives of others. In other circumstances, police need to use other less violent means to enforce the law.

The problem is, the line of when lethal force is necessary and/or required can be a fuzzy one. Numerous lives have been lost because of the lack of clarity on this issue, and numerous police have walked free of any consequences for their actions as a result. The bottom line is that a lot of people die in the United States every year as a result of police-caused killings and the problem doesn't seem to be getting better.