If you believe your constitutional rights were violated, you may wish to discuss your case with aMiami criminal defense attorney. They can help determine if you are entitled to take legal action.
In addition, an attorney could help you determine if there is enough evidence to prove that your rights were violated. This will be vital if you hope to have a successful case. You can help preserve some of that evidence by seeking legal counsel immediately.
What is the Exclusionary Rule?
As a defendant in a criminal case, you have legal rights. Based upon the Fourth Amendment, you are protected from an unreasonable search and seizure by law enforcement.
In an attempt by police or other law officials to collect evidence, your constitutional rights may have been violated. The exclusionary rule will disallow this type of evidence from being used if your case goes to court.
In order to make a claim regarding unreasonable search and seizure, you will need to attend a suppression hearing in front of a judge. This is a hearing that occurs prior to the trial in order to determine which types of evidence will not be admissible.
Keep in mind that the premise behind using the exclusionary rule is not to protect a defendant from evidence that could be used against them. Rather, it is to prevent misconduct from police. Even if evidence were obtained by mistake, it would not be applied to the exclusionary rule.
This is because of the Good Faith exception, which applies if police mistakenly obtained evidence and it can still be admissible. It is only considered a violation if there was misconduct.
Common Ways Constitutional Rights Are Violated
There are some common ways that a defendant’s rights can be violated in an interaction with law enforcement, including:
- false arrest;
- use of excessive force;
- malicious prosecution; and
- failure to intervene (if another officer is violating an individual’s rights).
While police officers do have authority, there are limits as to what they can do when attempting to enforce the law. When those lines are crossed, they could be at risk of being punished.
You may be able to pursue legal action through state and federal laws if this has happened to you. It is typically in your best interest to discuss your case with an experienced attorney if you decide to move forward.
Evidence to Prove Constitutional Rights Were Violated
You will need ample evidence to back up your claims of misconduct. Some of the types of evidence that may be used include pictures of your injuries or damage done by police, statements from others who witnessed the violation, and a detailed written account of what took place.
In some cases, there may be video footage that captures the incident. Many police vehicles are outfitted with devices that record video and take photographs.
A nearby building may have cameras set up that may be able to show what happened, or if a bystander was able to record the incident, this could be used as evidence.
Contacting a Miami Criminal Defense Attorney
It can be hard to imagine that your rights would be violated by police officers that are supposed to protect you. However, no matter what crime you are accused of committing, there is no reason for police to overstep their boundaries.
If this has happened to you, legal recourse may be available. This could lead to a recovery of compensatory and even punitive damages.
When you believe your constitutional rights have been violated, you should look for a Miami criminal defense attorney who is experienced and aggressive. Seeking legal counsel from a qualified attorney at Falk & Ross Law Firm can help you better understand your legal rights and how they can be protected. Contact us today for a free consultation – 877-663-5110 or 305-741-6997.