Chicago Criminal Defense Blog

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.

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.

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.

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.