When an individual is placed under arrest or is detained by law enforcement, there are limitations to the use of force that an officer can use during this situation. The Fourth Amendment guarantees the right to protection from excessive search in the reasonable search and seizure clause, and the prohibition on cruel and unusual punishment language in the Eighth Amendment is another protection of this right. Armed with these rights, police brutality is unacceptable, and a criminal defense attorney in Indiana can help your case.
Defining Unreasonable Force
The legal limit for an officer or government official is established through a minimum amount of force necessary in order to protect themselves or others from danger or harm, as well as secure the scene or de-escalate an incident. This could be while breaking up a bar fight, transferring prisoners, or arresting an individual. The situation becomes complex when you consider the term “reasonably necessary,” as this allows the officer on the scene to use personal judgment as a guide for his or her behaviors. A criminal defense attorney in Indiana can help you understand public expectations of reasonable force.
Considering the Problem
It is always advised to give an officer no reason to exert any force if you are in a situation of seizure, investigatory stop or an arrest, but even if you have acted more aggressively than you should, you still have rights that deny police brutality. Justified force is a case that is determined by the legal system, which is why it is imperative that you contact an Indiana criminal defense attorney if you have been a victim of excessive force. The entire situation falls under scrutiny, and legal assistance ensures that your case is presented in a fair and accurate light.
If you’ve been subject to excessive force by a police office or government official, you should immediately seek legal counsel. Contact Potts Law at (317) 951-0087 or fill out the online contact form.
