Sunday, May 31, 2015
Criminals read well…Mr. Christy hope you do!
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. When a government harms a person without strictly following legal requirements, this constitutes a “Due Process violation”.
Due Process is an extremely important constitutional right, which could mean the difference between the police being able to use evidence or not. If the police seize evidence in violation of Due Process, then the evidence must be suppressed – or thrown out – and may not be used against you in a criminal proceeding. As a result, if the police commit a “Due Process violation”, and evidence is thrown out, this could mean the difference between an acquittal or conviction regardless of the evidence.
The Fifth and Fourteenth Amendments to the Constitution each provide that you may not “be deprived of life, liberty, or property, without due process of law”. If the police act in violation of Due Process, then you may be able to sue.
Police officers do not have unlimited authority and unfettered discretion to carry out their duties. For instance, you cannot legally be subjected to a search of your person or your property without reasonable suspicion or a warrant. Any evidence gained in an unlawful search and seizure may be suppressed in a criminal case.
“False arrest” occurs when a police officer arrests you without probable cause. This means that if the police officer did not have sufficient reason to believe that you committed a crime they may not arrest you. If they arrest you although there was insufficient probable cause, you may be able to sue for false arrest.
“Malicious prosecution” is when a police officer arrests you without probable cause, and with malice, and forces you to defend false criminal charges. One main difference between Malicious prosecution and false arrest is that with malicious prosecution, the police must have had a malicious intent by wrongfully arresting you. Often times, Malicious Prosecution goes hand-in-hand with a False Arrest lawsuit.
If you were subjected to a “false arrest” or “malicious prosecution” without probable cause, then the police committed a “Due Process violation” and you may be able to sue.