Police can and do make mistakes when policing. The errors they make can result in unlawful arrests and subsequent charges. Keep reading to learn about four examples of this happening. If you are facing criminal charges and believe that your case involves a policing error, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
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Lacking Probable Cause to Pull Over a Driver
The police do not have the legal authority to simply pull over a driver whenever they would like. They must have probable cause. This could include a driver swerving, speeding, running a red light, or other unlawful or suspicious behavior. If a police officer pulls you over for no reason, then this is an illegal traffic stop, and the charges against you that resulted from it should be dismissed.
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Serving Arrest Warrants That is Not Enforceable
There are only two situations in which a police officer can lawfully make an arrest: when they see someone committing a crime or if they have a valid arrest record. If they arrive at the scene of a crime, talk to witnesses, and look at the evidence, they cannot then go straight to the alleged suspect to arrest them. They need to have an arrest warrant issued by a judge.
Even if they have an arrest warrant, that does not 100% of the time mean that the arrest warrant is enforceable. For example, it might have the wrong name of the suspect, lack specific charges the person is being arrested for, or not have a judge’s signature. All of these issues should result in the charges being dismissed.
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Illegal Searches and Seizures
Just as is true of arrests, police officers cannot simply search someone’s property and seize it because they want to. They must have probable cause or a search warrant. The search warrant must have been properly issued and signed by a judge. If any of this is absent, then the evidence gained at the search should be deemed inadmissible, which often leads to charges being dropped.
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Not Reading Suspects Their Miranda Rights
It can feel that anyone who has watched TV in the last few decades can remember at least the beginning of the Miranda Rights by heart: “You have the right to remain silent.” However, this is far from true. There is a reason that the law requires that an officer reads someone their Miranda Rights when making an arrest: to ensure that everyone knows about the rights they can take advantage of. If the officer does not read them, then the arrest might not stand up.
Call Today for a Free Legal Consultation
Even if it seems that your case is hopeless, it is always possible that something such as police misconduct can help secure your release. Contact Chambers Law Firm at 714-760-4088 now if you require a free legal consultation from a criminal defense attorney.
