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Did an Illinois Police Officer Violate Your Rights?

Posted in Criminal Defense, Juvenile Offense on Sunday, May 29th, 2022

Being stopped by a police officer, or having to interact with one, can be a stressful experience as it is. However, it can become even more arduous to deal with when a police officer acts in a manner that violates your constitutional rights. 

Police officers regularly subvert suspected criminals’ constitutional rights in subtle and devious ways. Often, they do so without the alleged criminal suspect being aware whatsoever that their rights are being violated. These instances happen far too frequently and are far too often overlooked because a criminal defendant is not aware that his or her rights have been violated. 

If you believe an officer acted unlawfully or you are facing criminal charges, allow an Illinois criminal defense attorney to evaluate your case and whether your rights were violated. 

Know Your Rights

To identify when an officer violates your rights, you must first be aware of those rights. Many people might not realize a violation occurred until later, which is okay as the violation can still be addressed in a subsequent criminal case. 

If you think your rights are being violated, it is important to stay calm and not confront the officers. Doing so might result in additional resisting arrest charges – or worse. Remain composed and then consult with our defense attorneys about what happened as soon as you can. 

Some rights that might be violated include:

  • The right against unlawful search and seizure – This right under the 4th Amendment prohibits officers from pulling you over, arresting you, or searching your person, home, or car without a warrant or proper justification. 
  • The right against excessive force – Police officers have weapons and usually outnumber a suspect or arrestee, which presents the risk of serious injury to the person being pulled over or arrested. The law prohibits officers from using force greater than necessary to defend themselves and others, given the circumstances. 
  • The right to remain silent and have an attorney – Once you are in police custody and they want to ask you questions, police must inform you of these “Miranda rights.” If they do not inform you or ignore your invocation of these rights, anything you said might be thrown out of your case. 

It is important to note that in today’s modern world of cell phone cameras, you have a right to record your interaction with the police. They are acting in their capacity as officers or agents of the government, and in conducting a public function, they do not have any privacy rights to use as grounds for objecting or preventing video recordings of them. If there is a bystander or friend nearby, they also have a right to record an interaction with police, and the police are not lawfully entitled to confiscate any videos or devices afterward. 

Consult with an Illinois Criminal Defense Attorney

At Sabuco Beck, PC, our defense lawyers have a track record of case dismissals for our clients whose constitutional rights were violated during an arrest or the criminal process. We will fight to make sure your constitutional rights are upheld. Do not hesitate to contact us for a consultation today. 

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