An officer must have either an arrest warrant or probable cause to arrest a suspect. Arrests that are made without probable cause or warrants are unlawful, and victims have the legal right to fight back against them. Unlawful arrests are sometimes made accidentally by inexperienced or untrained officers. Unfortunately, they are sometimes used intentionally as a tool of intimidation and harassment. It is important for victims to fight back against this unlawful practice. Whether criminal charges are filed or not, you have legal recourse as the victim of an unlawful arrest, and a civil rights attorney in Illinois can help.
The Fourth Amendment requires law enforcement officers to get a warrant before they can search your person, car, or home. There are, however, many legal exceptions to this requirement. One of the most common is a search that is made incident to an arrest. When arresting a suspect, the police may search his or her person. The purpose of this search is to protect officers’ safety by finding any weapons that the suspect might have.
As you can imagine, this search is used far too liberally in far too many situations. If you were unlawfully arrested, then any search made of you pursuant to arrest is not valid, and the police cannot use any incriminating evidence they found during this search.
Search and seizure violations are a common source of evidence. If you are facing criminal charges on this basis, your attorney can challenge the evidence by presenting evidence of the unlawful arrest to a judge. But what if criminal charges are never filed? In this case, you may still have a legal claim in civil court.
If your unlawful arrest does not lead to criminal charges, you may still have the right to file a civil lawsuit against the police department. These lawsuits can include claims for wrongful arrest, imprisonment, and other infringements of your civil rights. It is important to exercise your right to hold the police accountable for wrongful arrests – even if no criminal case results from the arrest.
Improper arrests have long been used by some officers as an excuse to make an illegal search or seizure. These arrests are even used to simply annoy, harass or intimidate people who have done nothing wrong. By holding officers and law enforcement agencies accountable for doing something wrong, you are helping to reduce other unlawful arrests in the future. Case by case, victims fight back to make the policing system fairer for all Illinois residents.
You don’t have to spend hours searching online for a “civil rights lawyer near me. ” The best legal team in Joliet is right here at the Pinkston Law Group. We fight hard to defend your civil rights and demand accountability in policing. Call (773) 770-4771 or visit our website today to schedule your consultation. The sooner you have an experienced lawyer on your side, the better protected all your legal rights will be.
Whether you’re dealing with a workers’ compensation claim, a civil rights violation, or a personal injury case, you and your family’s best interests are our top priority. Ms. Danielle A. Pinkston of Pinkston Law Group utilizes her extensive legal knowledge to resolve your case, no matter how complex it may be. We share your goals and work closely with you, delivering the exceptional services you need.
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