Thomas C. Grajek | April 15, 2025 | Lakeland Criminal Law
If you’ve been charged with a crime as a defendant, police misconduct could play a significant role in your case. Police misconduct occurs when officers break rules or violate your rights, and recognizing it can help you build a strong defense and possibly lead to dropped charges.
Here are five common examples of police misconduct you should know.
1. Unlawful Searches and Seizures
Police officers usually need probable cause or a valid warrant before searching you or your property. An unlawful search occurs when police perform a search without good reason or without your permission. For example, if an officer searches your car during a traffic stop without consent or probable cause, this could be misconduct.
Unlawful searches violate your Fourth Amendment rights. If proven, the court may exclude evidence obtained during an illegal search, significantly weakening the prosecution’s case against you.
2. Excessive Use of Force
Excessive force happens when officers use more force than necessary during an arrest or detention. Police can use reasonable force to keep people safe, but anything beyond what’s necessary is considered excessive and illegal.
Examples include officers physically assaulting suspects, using weapons like tasers unnecessarily, or harming people who aren’t resisting arrest. If you experienced excessive force, your attorney could argue that your rights were violated, helping your defense.
3. False Arrest or Wrongful Detention
A false arrest occurs when police arrest or detain you without probable cause. Officers must have a clear reason to suspect you’ve committed a crime. Arresting you without evidence or based solely on personal feelings, bias, or mistaken identity is illegal.
For example, if you were arrested simply because you looked similar to someone else or without any evidence linking you to a crime, this is likely misconduct. False arrests can result in dropped charges or a dismissal of your case.
4. Planting or Falsifying Evidence
Police misconduct also includes officers who falsify or plant evidence. This serious violation means an officer intentionally places evidence at the scene, lies about facts, or writes misleading reports to falsely accuse someone.
For example, if an officer places drugs in your car and claims they found them there, this is planting evidence. If this is proven, any related charges may be dismissed–and the officer involved may face criminal prosecution themselves.
5. Violations of Miranda Rights
Miranda rights require officers to inform you of your right to remain silent and to have a lawyer present before questioning if you’re in custody. If an officer questions you without reading these rights, statements made during that questioning might not be allowed as evidence in court.
For example, if officers arrest you and question you repeatedly without informing you of your rights, your statements could be thrown out. Violations of Miranda rights can greatly strengthen your defense.
What To Do If You’ve Experienced Police Misconduct
If you believe police misconduct occurred during your arrest or investigation, take these steps to protect your rights:
- Document everything: Write down exactly what happened, including times, locations, officers’ names, and details of misconduct.
- Gather evidence: Collect any video footage, photographs, and witness contact information.
- Avoid confrontation: Do not argue or resist officers during the misconduct. Instead, follow instructions calmly and address misconduct later in court.
- Contact an experienced lawyer: An attorney can evaluate your situation, investigate thoroughly, and help you fight the charges based on police misconduct.
Getting legal help as early on in the process as you can could be to your benefit.
Contact a Lakeland Crime Defense Lawyer at Thomas C. Grajek, Attorney At Law Today For Help
For more information, please contact the Lakeland crime defense attorneys at Thomas C. Grajek, Attorney At Law, for a consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Thomas C. Grajek, Attorney At Law
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606