Law enforcement officials have two duties: to serve and protect. While there are many good police officers out there, types of police misconduct in New Mexico undermine the entire judicial system upon which our society is built. Police misconduct victims experience fear, shame, undue guilt, anxiety, and depression for the alleged crimes and subsequent punishments they received.
In This Article
A criminal defense attorney near Santa Fe describes the five types of police misconduct and what to do if you believe it happened to you in this blog post. If you think you experienced police misconduct in New Mexico, you could use their actions as part of your criminal defensive strategy.
An Overview of Law Enforcement Misconduct
The US Department of Justice (DOJ) defines law enforcement misconduct as any illegal or inappropriate action taken by a police officer or law enforcement official. Police misconduct claims may be pursued as civil rights violations. Police misconduct claims generally name police officers, sheriffs, and law enforcement agencies as the defendant.
Under state and federal laws, police officers cannot violate an individual’s following freedoms, including:
- Freedom from unlawful search and seizure
- The right to privacy
- Freedom of speech
- No subjection to cruel and unusual punishment
- Due process of the court
No matter what, you do not have to tolerate the actions of law enforcement officials who choose to ignore the rules mentioned above. Exercise your right to remain silent while you get legal advice about the treatment you experienced. Making a statement could make your case much worse. Remain silent and consulting a criminal defense attorney may make all the difference.
Related Article: Local Law Enforcement Is Not Immune from Federal Prosecution and Why It Is Important to Conduct a Thorough Criminal Defense Investigation
Most Common Types of Police Misconduct in New Mexico
Police misconduct can occur in an infinite number of ways in New Mexico. The most common types include unlawful detention, wrongful arrest, use of excessive force, racial profiling, and perjury. You may have experienced a singular act or several acts of misconduct simultaneously.
Let’s examine more closely the definition of each type of misconduct below:
Type 1. Unlawful Detention
Unlawful detention occurs when a police stop results in a violation of your Fourth Amendment rights. Examples of this violation include unreasonable lengths of imprisonment, no reasonable cause for your detention, not having an arrest warrant, and not having probable cause to arrest you.
Type 2. Wrongful Arrest
A wrongful—or false—arrest is when a police officer deprives you of your freedom and has no authority to arrest you. Examples of false arrests include arrests without probable cause or not obtaining a valid arrest warrant.
Type 3. Excessive Force/Police Brutality
Excessive force is also another way to describe police brutality. It is an act that is highly criminal and violates Fourth Amendment rights as well. Police can only exert the reasonable force necessary for the perceived threat, the seriousness of the crime, and whether or not you were trying to evade arrest.
Type 4. Racial Profiling
Racial profiling is an act that involves police stops based upon your race or skin color and is a problem throughout the United States. The most common examples of racial profiling occur during stop-and-frisks, wrongful arrests, and neighborhood patrols based on seemingly no other reason for doing so other than the officer’s prejudice.
Type 5. Officer Perjury
Perjury is the action of lying under oath. Police officers have a sworn duty throughout their entire career, and on the witness stand, o tell the whole truth and nothing but the truth, so help them, God.
However, unethical police officers believe they can bend a situation in their favor by being less than honest, thinking no one will ever catch them. When you hire a criminal defense lawyer, we will determine if you have enough evidence to use their conduct as part of your defense.
Related Article: What to Do If Police Call You in for Questioning
What to Do If You Suspect Police Misconduct Happened During Your Arrest
Contact a criminal defense lawyer as soon as possible if you believe police misconduct happened during your arrest. Not only can we review the facts of your case with you, but we can also start building a case strategy that seeks to get your charges dropped, dismissed, or reduced.
The protection of a criminal defense attorney is reassuring as well. Once we invoke the attorney-client relationship, we will stand by your side throughout the legal process, even when you need a tough case presented before a judge and jury. Grano Law Offices, P.C. has the resources that clients deserve to meet their defensive objectives.
You Might Have a Civil or Criminal Case Against Them
It is intimidating to file a lawsuit or criminal charges against law enforcement personnel. Trust that they will fight you tooth-and-nail for every allegation you make. They will attack your character, history, and things you forgot you even did.
It is for this reason that you should hire a criminal defense attorney when dealing with your arrest charges. First, we need to prove your innocence so that you can seek civil redress. Then, we can help you take the next steps together or with an allied referral.
Were Your Civil Rights Violated During an Arrest in New Mexico?
Our founder, Marc A. Grano, is a former U.S. Army Judge Advocate General (JAG) Officer and former New Mexico State Prosecutor. He has the experience you can trust when determining if you have a viable police misconduct defense.
Give Grano Law Offices, P.C. a call at (505) 426-8711 for a Free Case Strategy Session or send us a message via the contact form below to learn more about your legal options.
