All people in the United States, regardless of their immigration Or citizenship status, have rights when they are detained or stopped by the police. These rights are protected by the United States Constitution’s Fourth, Fifth, and Sixth Amendments. The Fourth Amendment protects your right to be free from a reasonable search and seizure. The Fifth Amendment protects the right to remain silent and to the due process of law. The Sixth Amendment is your right to counsel it all criminal prosecutions.
If you believe that you were harassed find law enforcement then the NY police misconduct attorney can determine if your case meets the requirement for filing a complaint.
Types of Police Harassment
Police harassment is a type of police misconduct where inappropriate and illegal actions are taken by police officers in connection with their official duties.
Unreasonable Search And Seizure
The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. According to this law, no police officer is allowed to conduct a search without a warrant or probable cause. In order for a police officer to have probable cause, they must believe that there is evidence of a crime present either on your person or in your car or home, for example.
There are two types of seizures: physical and show of authority. When an officer has applied actual physical force to a person (actually touching them), then it is considered a physical seizure. A “show of authority” seizure is when a person submits to an officer’s command. Simply shouting a command such as, “By law, I order you to stop!” does not constitute a seizure. A person must submit to an officer showed authority, or as a result of their command, in order for considered a type of “show of authority” seizure.
Racial or Ethnic Profiling
Despite major social movements such as the Civil Rights Movement and the Black Lives Matter Movement, the discriminatory practice by police officers of targeting individuals for suspicion of crime based on the color of their skin continues. It doesn’t necessarily have to be based on the color of their skin. Assuming that a group is more dangerous or needs to be followed simply because of their cultural clothing or customs is another form of racial profiling.
Surveillance Abuse
Departments around the country are using more high-tech mass surveillance technology to spy on whole neighborhoods of innocent victims. Surveillance abuse is when officers misuse surveillance methods or technology to monitor the activity of an individual or community. Tt is a violation of their civil rights.
Your Rights
Regardless of your immigration status, you have certain rights when you are approached by the police. They include:
- The right to say out loud that you wish to remain silent
- The right to refuse a search of your own body, car, home or business without probable cause
- The right to leave calmly if you are not under arrest
- The right to an attorney if you are under arrest
An experienced and successful NY police misconduct attorney will review what happened during your encounter with the police, listen to you compassionately, and fight for you. You do not want to delay. If you have been a victim of police harassment, then call an attorney right away.
