Citizens in New York City are rejoicing after an appeals court recently reinstated a law that bans police officers from using unconstitutional force on a person’s torso during an arrest. The path to this decision has been rocky and rough from the start.
Originally, this unlawful force law was developed after the infamous George Floyd tragedy. In 2020, police officers were accused of using unreasonable and unlawful force resulting in the untimely death of George Floyd. It’s often called the “diaphragm law” because it makes it illegal for police to restrain individuals in a way that would compress the diaphragm and cause undue risk to the person.
After the original law was passed, police officers immediately disagreed. They said that it makes it impossible for them to safely take criminals into custody. They eventually sued the city to block the law. The original court agreed with police officers and blocked the law, but now the tides are turning once again. An appeals court has ruled that the measures are not “unconstitutionally vague,” and it has been reinstated once again.
Getting Arrested: What Are Your Rights?
When police use force that exceeds the minimum amount of force they need to use, that’s considered unreasonable force. The Fourth Amendment of the Constitution protects all citizens from the use of excessive force during an arrest. Now, if you were using force, brandishing a weapon, or doing something that was threatening, then police have a strong argument that their use of force was warranted. They are authorized by law to use reasonable and even deadly force when it’s necessary.
During an arrest, you also have the right to remain silent. You have the right to remain free from self-incrimination, which means you do not have to agree to a search of your vehicle. You have the right to retain a lawyer or have one appointed to you. If you suspect any of these rights or another right was violated during or after your arrest, then it’s important to reach out to a lawyer for help with your next steps.
Do You Feel Like Your Rights Were Violated During a Recent Arrest?
Have your rights been violated during your arrest or after you were arrested? Police Departments are required by law to adhere to very strict rules and regulations when it comes to detaining, questioning, arresting, and booking individuals accused of various crimes. If a right’s violation occurs, then there will be legal ramifications. In most cases, that means getting evidence thrown out of court or possibly having your entire case dropped altogether.
It is challenging to prove that your rights were violated, though. After all, the police certainly won’t back up your side of the story. To find success, you’ll likely need to hire a skilled lawyer to help.
If you believe the police violated your rights during a recent arrest, then contact our firm as soon as possible. We’ll help you determine your best course of action moving forward.